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Home My WebLink AboutCity Council Meeting - Council - Agenda - 10/05/1999 City of Kent City Council Meeting Agenda CITY OF � Mayor Jim White Councilmembers Leona Orr, President Sandy Amodt Connie Epperly Tom Brotherton Judy Woods Tim Clark Rico Yingling October 5, 1999 Office of the City cleric CITY Of SUMMARY AGENDA KENT CITY COUNCIL MEETING Mvs[w Mayorhmwhite October 5 , 1999 Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President Sandy Amodt Tom Brotherton Tim Clark Connie Epperly Judy Woods Rico Yingling 1 . CALL TO ORDER/FLAG SALUTE 2 . ROLL CALL 3 . CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4 . PUBLIC COMMUNICATIONS A. Employee of the Month B. Proclamation - Fire Prevention Week JD Youth Service Club Ball Fields Presentation !!UU l 1V n Ma � N oyr by Da Prbc tc „.a-t; e-+'' E. Dornesi'c VTole-rice �oclaw Yn+�'rn 5 . PUBLIC HEARINGS A. Adult Retail Moratorium Renewal - Resolution �SSJ B. Billboard Moratorium Renewal - Resolution S S 6 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. Year 2000 Operating Budget - Set Hearing Date D. Excused Absence, Councilmember Clark - Approve E. H. D. Fowler Donation - Accept and Appropriate F. Revenue from Runsten House Purchase - Accept and Appropriate G. Golf Fees Year 2000 - Approve H. 40th Street South Street Vacation - Ordinance 3 4!(7, I . King County Interlocal Agreement, Miscellaneous Structures Inspection - Authorization 7 . OTHER BUSINESS A. Burdic Feed Rezone /,/ 7 B. Adult Retail Establishments - Ordinance 7 A`; � C. City Code Ordinance - First Reading and Set Hearing Date �{ 8 . 01�BIDS la-,W%, � o(��A. East Hill Park Expansion (continued next page) SUMMARY AGENDA CONTINUED 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION A. Property Acquisition 13 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk' s Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk' s Office in advance at (253) 856-5725 . For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388 . CHANGES TO THE AGENDA Citizens wishing to address the Council will , at this time, make known the subject of interest , so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) Employee of the Month B) Proclamation - Fire Prevention Week C) Youth Service Club Ball Fields Presentation Kent City Council Meeting Date October 5 , 1999 Category Public Hearings 1 . SUBJECT: ADULT RETAIL MORATORIUM RENEWAL - RESOLUTION 2 . SUMMARY STATEMENT: On November 17, 1998 , the City Council adopted Resolution No. 1520 imposing a moratorium barring acceptance of all applications for the issuance of any building, land use, or development permit or approval for adult retail establishments . On April 20, 1999, City Council adopted Resolution No. 1534 renewing the moratorium which expires at midnight, October 29, 1999 . The purpose of the proposed Resolution is to renew the moratorium for an additional six months pending consideration by the City Council of a proposed ordinance relating to adult retail establishments . Council will consider a proposed ordinance during tonight ' s meeting under Other Business . 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Public Works/Planning Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: �{ A. Councilmember _ bA u"oves, Councilmember seconds to close the public hearing. n -- B . Councilmember 1 w moves, Councilmember seconds adoption of the findings in the proposed resolution and passage of Resolution No. /555 renewing the moratorium relating to adult retail establishments . DISCUSSION: y ACTION: Council Agenda Item No. 5A RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to adult retail establishments; adopting findings of fact and renewing a moratorium on the acceptance of applications for and the issuance of any business license or any building, land use, or development permit or approval for adult retail establishments. WHEREAS, the City Council, has previously determined, as set forth through findings in Ordinance Nos. 3214 and 3221, that adult entertainment uses cause negative secondary effects that are detrimental to the public health, safety, and general welfare of the citizens of Kent; and WHEREAS, there are adult bookstores, adult novelty, and adult video store establishments (hereinafter "Adult Retail Establishments") doing business within the City of Kent whose stock and trade is devoted in whole or in substantial or significant part to books, magazines, cards, pictures, periodicals, pre-recorded video tapes, disks, film, or other such media, instruments, devices, equipment, paraphernalia, toys and novelties, games, clothing, or other merchandise which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified anatomical areas, specified sexual activities, and sexual conduct as those terms are defined in the Kent City Code Section 5.10.030; and WHEREAS, there is a possibility that the City could, in the near future, receive applications for adult retail establishments that would significantly increase the amount of square feet of commercial space characterized by such uses located within the City; and 1 Adult Moratorium Second Renewal WHEREAS, the Kent City Code relating to adult retail establishments may not adequately address the various impacts that these uses present and the protection of the public health, safety, and general welfare would be jeopardized by the establishment of additional adult retail establishments prior to adoption of new regulations by the City Council; and WHEREAS, RCW 35A.63.220 authorizes cities to adopt moratoriums provided a public hearing is held within sixty(60) days of adoption; and WHEREAS, RCW 35A.63.220 provides that a city adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty(60) days of adoption of the moratorium; and WHEREAS, a public hearing was held on Tuesday, November 17, 1998 before the Kent City Council, and after considering the matter, the City Council _ adopted Findings of Fact and continued the moratorium until May 2, 1999; and WHEREAS, a public hearing was held on Tuesday, April 20, 1999, before the Kent City Council, and after considering the matter, the City Council adopted findings of fact and renewed the moratorium until October 29, 1999, in order to allow for additional research on the matter. WHEREAS, as a result of research and analysis performed during the moratorium, as set forth in Resolution No. 1534, the City has concluded that adult entertainment, including adult retail uses and bookstores, has negative secondary effects and that code amendments are necessary to the Kent City Code to address such effects; and WHEREAS, proposed code amendments are currently under consideration by the Land Use and Planning Board with a hearing scheduled for September 27, 1999, with Council action anticipated in October. 2 Adult Moratorium Second Renewal WHEREAS, the moratorium will expire prior to consideration and possible enactment of any code amendments, therefore, staff is requesting a six (6) month renewal to the adult use moratorium; and WHEREAS, pursuant to RCW 35A.63.220, a public hearing was held on October 5, 1999, to consider renewing the moratorium for a six (6) month period; and WHEREAS, the City Council has considered all comments and materials presented; and WHEREAS, RCW 35A.63.220 provides that a city renewing a moratorium shall adopt findings of fact prior to such renewal; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals and Findings of Fact Incorporated. The recitals set forth in this Resolution and Resolutions 1520, 1521, and 1534 and Findings of Fact set forth in Section 2 of Resolution 1534 are hereby incorporated as if fully set forth herein. SECTION 2. Continuation of Moratorium. Based on the Recitals and Findings of Fact adopted in Section 1, the City Council hereby determines that it is necessary for the moratorium enacted in Resolution No. 1520, 1521, and 1534 to be renewed for an additional 180-day period. Accordingly, the moratorium shall not expire until midnight on April 20, 2000, unless the moratorium is shortened or extended by action of the City Council or until the effective date of any ordinance establishing new regulations governing adult retail establishments, which ever is sooner, and during said moratorium, no business license and no building, land use, or development permit or approval shall be issued nor shall any such permit or license 3 Adult Moratorium Second Renewal application be accepted for any adult retail establishment as defined in Kent City Code 5.10. SECTION 3. Temnorary Use Permits. Notwithstanding the moratorium in Section 3 above, any adult retail use establishment which satisfies all criteria applicable to its underlying zone may be permitted under a temporary use permit if it meets: (a) the requirements of KCC 15.08.270; and (b) other applicable criteria under the Kent City Code, including those set forth in Title 15 KCC for issuance of a temporary use permit. SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 1999. CONCURRED in by the Mayor of the City of Kent this day of 11999. JIM WHITE, MAYOR 4 Adult Moratorium Second Renewal ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 1999. BRENDA JACOBER, CITY CLERK PGCivil\RcsoWcionMorwonumRmcwa102 doc 5 Adult Moratorium Second Renewal Kent City Council Meeting Date October 5 , 1999 Category Public Hearings 1 . SUBJECT: BILLBOARD MORATORIUM RENEWAL - RESOLUTION 2 . SUMMARY STATEMENT: On April 20, 1999, the City Council adopted Resolution No. 1536 imposing a moratorium barring acceptance of all applications for the issuance of any building, land use, or development permit or approval for billboards . The moratorium expires at midnight , October 17, 1999 . The purpose of the proposed Resolution is to renew the moratorium for an additional six months to allow Council sufficient time to thoroughly analyze all the information gathered and to consider proposed code amendments relating to billboards . 3 . EXHIBITS: Resolution ` 4 . RECOMMENDED BY: Public Works/Planning Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACT//I''O/N%(N A. Councilmember t-al moves, Councilmember seconds to close the public hearing . / B . Councilmember b� JW moves, Councilmember G xj� seconds adoption of the findings in the proposed resolution and passage of Resolution No. /55-6 renewing the moratorium relating to billboards . DISCUSSION: ACTION: Council Agenda Item No . SB RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to billboards adopting findings of fact renewing a moratorium on the acceptance of applications for and the issuance of any building, land use, or development permit or approval for billboards. WHEREAS, the City Council is currently reviewing its policies with regard to the zoning and placement of off-premises signs as defined in the Kent zoning code section KCC 15.02.430 (hereinafter"billboards") in the City of Kent; and WHEREAS, a number of billboards are currently located in the City of Kent; and WHEREAS, there is a possibility that the City could, in the near future, receive more applications for billboards that would significantly increase the number of such signs located within the City, especially in light of the new corridor projects planned or under construction in the City of Kent; and WHEREAS, the City Council is concerned about the potential impacts that such signs may create that would be detrimental to public health, safety, and general welfare of the citizens of the City of Kent; and WHEREAS, the Kent City Code relating to billboards may not adequately address the various impacts that these uses present and the protection of the -- public health, safety, and general welfare would be jeopardized by the establishment 1 Billboard Moratorium Renewal of such establishments prior to a review of the matter and possible adoption of new regulations by the City Council; and WHEREAS, the citizens of Kent would be well-served if the City more fully addressed and understood the potential impacts in the form of health, safety, economic, hazards to traffic, and aesthetic impacts these signs impose upon neighboring properties and the community as a whole; and WHEREAS, the City needs time to review existing information on the affects of these signs and to review the Kent City Code in a comprehensive fashion to determine whether it sufficiently addresses the impacts of such uses; and WHEREAS, RCW 35A.63.220 authorizes cities to adopt moratoriums, provided a public hearing is held within sixty days of adoption; and WHEREAS, on April 20, 1999, the City Council adopted Resolution No. 1536 imposing a moratorium barring acceptance of all applications for the issuance of any building, land use, or development permit or approval for billboards until additional review has been completed and any necessary code revisions have been adopted by the Kent City Council; and WHEREAS, RCW 35A.63.220 provides that a city adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty days of adoption of the moratorium; and WHEREAS, a public hearing was held on Tuesday, May 4, 1999, before the Kent City Council and the moratorium was continued until midnight October 17, 1999; and WHEREAS, in order to allow staff sufficient time to thoroughly analyze all of the information staff has gathered during the six (6) month moratorium, to draft proposed code amendments and to present such code amendments to the Kent 2 Billboard Moratorium Renewal Planning Board and the full City Council, staff is requesting a six (6) month renewal to the billboard moratorium; and WHEREAS, pursuant to RCW 35A.63.220, a public hearing was held on October 5, 1999, to consider renewing the moratorium for a six (6) month period; and WHEREAS, the City Council has considered all comments and materials presented; and WHEREAS, the Kent City Council understands that communication displayed by billboards may be protected by the First Amendment of the U.S. Constitution and/or Article I, Section 5 of the Washington State Constitution; and WHEREAS, the Kent City Council does not intend by this resolution to impermissibly infringe upon any protected free speech rights; and WHEREAS, the City Council finds that the protection of the health, safety, and welfare supports continuing a moratorium on the acceptance of all applications for issuance of any building, land use, or development permit or approval under the Kent City Code for billboards until additional review has been completed and any necessary code revisions have been adopted by the Kent City Council; NOW THEREFORE, 3 Billboard Moratorium Renewal THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals and Findings of Fact Incorporated. The recitals set forth in this Resolution and Resolutions 1536 and 1537 are hereby incorporated as if fully set forth herein and are hereby adopted as Findings of Fact. SECTION 2. Renewal of Moratorium. Based on the Findings of Fact adopted in Sections 1, the City Council hereby determines that it is necessary for the moratorium enacted in Resolution No. 1536 and 1537 to be renewed for an additional 180-day period. Accordingly, the moratorium shall not expire until midnight on April 14, 2000, unless the moratorium is shortened or extended by action of the City Council or until the effective date of any ordinance establishing new regulations governing billboards, whichever is sooner, and during said moratorium, no building, _ land use, or development permit or approval, or any other permit or approval required to construct, install, or relocate any billboard as identified in the Kent Zoning Code (including a variances and rezones) nor shall any such permit or license application be accepted. SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause,or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 4 Billboard Moratorium Renewal SECTION 5. Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington,this day of , 1999. CONCURRED in by the Mayor of the City of Kent this day of 11999. Mv1 WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 1999. BRENDA JACOBER, CITY CLERK P:TiwhN wlutionWlbn or rRenew.doc 5 Billboard Moratorium Renewal CONSENT CALENDAR 6 . City Council Action: nn �� Councilmember � dUJ moves, Councilmember seconds that Consent Calendar Items A through I be approved. Discussion Action G 6A. Approval of Minutes . Approval of the minutes of the regular Council meeting of September 21 , 1999 . 6B. Approval of Bills . Approval of payment of the bills received through August 31 and paid on August 31, 1999 ; and payment of bills received through September 15 and paid on September 15, after auditing by the Operations Committee on September 21, 1999 . Approval of checks issued for vouchers : Date Check Numbers Amount 8/31/99 222376-222654 $ 555 , 123 .45 8/31/99 222655-223069 $3 , 053 , 855 . 87 $3 , 608 , 979 . 32 9/15/99 223070-223298 $ 797, 105 . 80 9/15/99 223299-223663 $1 , 437 , 105 . 88 $2 , 234 , 211 . 68 Approval of checks issued for payroll of August 16 through August 31 and paid on September 3 , 1999, and checks issued for payroll of September 1 through September 15 and paid on September 20, 1999 : Date Check Numbers Amount 9/3/99 Checks 238246-238603 $ 285, 508 . 69 9/3/99 Advices 84104-84726 $ 816 , 062 . 90 $1, 101, 571 . 59 9/20/99 Checks 238604-238936 $ 301, 916 . 69 9/20/99 Advices 84727-85310 $ 857 , 154 . 95 $1, 159, 071 . 64 Council Agenda Item No. 6 A-B Kent, Washington September 21 , 1999 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Pro Tem Orr. Present : Councilmembers Amodt , Brotherton, Clark, Epperly, Woods and Yingling, Operations Director McFall , City Attorney Lubovich, Fire Chief Angelo, Police Chief Crawford, Planning Director Harris, Public Works Director Wickstrom, Finance Director Miller, Parks Director Hodgson, and Employee Services Director Viseth. Approximately 15 people were at the meeting. CHANGES TO Operations Director McFall requested the addition THE AGENDA of pending and potential litigation to the executive session. PUBLIC Introduction of Appointee. Mayor Pro Tem Orr COMMUNICATIONS introduced and welcomed Gerald Washington, the Mayor ' s appointee to the Kent Diversity Advisory Board. Day of Concern for the Hungry. Mayor Pro Tem Orr noted that the City of Kent recognizes adequate nutrition as a basic right for each citizen and commits both General Fund and Block Grant dollars to fund emergency food programs , and read a pro- clamation declaring October 2 , 1999 , as Day of Concern for the Hungry in the City of Kent . She encouraged all citizens of Kent to join with the Seattle Emergency Feeding Program to help feed those who are hungry. Arthur Lee, Director of the Emergency Feeding Program, accepted the proclama- tion and expressed thanks on behalf of those who are served. Hunting and Fishing Day. The Mayor Pro Tem read a proclamation noting that hunting and fishing are wholesome family activities and that hunters and fishermen combined contribute $3 million a day toward wildlife conservation through a variety of federal excise taxes, voluntary contributions, permit fees, tags and licenses . September 25, 1999 was proclaimed Hunting and Fishing Day in the City of Kent and citizens were encouraged to recognize the impact these activities have on recreation, the environment and the economy. 1 Kent City Council Minutes September 21, 1999 CONSENT The City Attorney pointed out the Comprehensive CALENDAR Plan ordinance (Item 6C) has the wrong map attached. WOODS MOVED that Consent Calendar Items A through G be approved, including an amendment to Item C to include the correct map. Clark seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of September 7, 1999 . ANNEXATION (PUBLIC HEARINGS - ITEM 5A) ZONING Horseshoe Acres Annexation Initial Zoning and Area Comprehensive Plan Amendments AZ-99-1 and CPA-99-1 . On August 23 , 1999 , the Land Use and Planning Board held a public hearing on both the annexation zoning map amendments and the compre- hensive plan amendments for the annexation area. This is the first of two public hearings to be held by the City Council pursuant to state law; the second hearing is scheduled for November 2 , 1999 . Planning Manager Satterstrom displayed a map of the area and noted that it was annexed in July. He said that the area was already in the compre- hensive planning area and had had an industrial designation in the County. He stated that the Land Use and Planning Board' s recommendation is that the entire area be zoned M-1 . He noted for Clark that there are two access points and that improvements are currently taking place in the area. Amodt spoke in favor of the proposed zoning. Mayor Pro Tem Orr opened the public hearing. There were no comments from the public and BROTHERTON MOVED to close this public hearing. Woods seconded and the motion carried. It was clarified that the second hearing will be held on November 2nd. 2 Kent City Council Minutes September 21, 1999 COMPREHENSIVE (CONSENT CALENDAR - ITEM 6C) PLAN & ZONING Mower/Hebert Comprehensive Plan Amendment and AMENDMENTS Zoning Amendment. ADOPTION of Ordinance Nos . 3472 and 3473 which amend the City of Kent Comprehen- sive Plan' s land use map designation from Mixed Use to Low Density Multifamily Residential for a 4 . 8 acre property located generally at the north- west corner of the intersection of South 260th Street and 108th Avenue SE, south of Kent-Kangley Road as amended to include the correct map. The second ordinance amends the City of Kent zoning map designation of the property from Office-Mixed Use (0-MU) to Multifamily Residential Townhouse (MR-T16) . HEARING (OTHER BUSINESS - ITEM 7A) EXAMINER Lake Meridian Automotive Service Center, Appeal of Hearing Examiner' s Decision CE-99-3 . This is a closed record appeal hearing of the Hearing Examiner' s decision to approve a conditional use permit in favor of Brian Pounder. The appeal is brought by Daryl L. Dahlquist . The property is located on the south side of the 15300 block of SE 272nd Street (aka Kent Kangley Road) and is 1 . 128 acres in size . The conditional use permit was approved subject to conditions outlined in the Hearing Examiner' s decision dated July 12 , 1999 . The City Attorney explained the procedure on closed record appeals . Daryl Dahlquist, 15238 SE 272nd Street, said he is in favor of the project, with the exception of the auto repair center. He voiced concern about the noise impact and said it has not been fully addressed. He said he would be willing to compro- mise by agreeing to an auto repair shop if the applicant would agree to drop power tools, but that he has no guarantee that the auto shop would not go in. He said he is not opposed to other types of businesses which do not generate noise . Brotherton pointed out that one of the Hearing Examiner' s conditions is that all sounds generated by auto repair activities shall be contained with- in the proposed building or within the property 3 f Kent City Council Minutes September 21, 1999 HEARING boundaries . Regarding the use of power tools and EXAMINER keeping doors and windows closed, Orr explained that the City can set conditions, but cannot tell a business how to operate . Woods noted that the Hearing Examiner heard Dahlquist ' s concern about noise and took it seriously, and added that if the owner does not abide by the Hearing Examiner' s conditions, the issue can be re-addressed if noise becomes a problem. The City Attorney emphasized that the condition is that the owner contain the noise and that it is up to him to determine how it is con- tained. Dahlquist stated that the issue can be re-addressed if necessary, since he did not waive his objections . CLARK MOVED to sustain the findings and conclu- sions of the Hearing Examiner and affirm the decision. Brotherton seconded and the motion — carried. COMMUTE TRIP (CONSENT CALENDAR - ITEM 6E) REDUCTION Commute Trip Reduction Ordinance Revision. ADOPTION of Ordinance No. 3474 which repeals in its entirety Chapter 6 . 12 of the Kent City Code and enacts a new chapter 6 . 12 entitled "Commute Trip reduction" ( "CTR" ) pursuant to, and in conformity with, RCW 70 . 94 . 521-551 , RCW 70 . 94 . 527 and the state Growth Management Act, RCW 36 . 70A. 070 (6) (E) . This ordinance replaces the City' s existing Commute Trip Reduction regulations with new regulations that comply with current law. The Commute Trip Reduction program will enable the City to work with affected employees to establish programs designed to reduce the vehicle miles traveled by employees, and is also intended to reduce the proportion of single-occupant-vehicle trips during peak traffic periods within the city limits and the South King County CTR zone . 4 Kent City Council Minutes September 21 , 1999 APPOINTMENTS (CONSENT CALENDAR - ITEM 6D) Diversity Board Appointment. CONFIRMATION of the Mayor ' s appointment of Gerald Washington to serve as a member of the Kent Diversity Advisory Board. Mr. Washington is employed at The Boeing Company where he has worked for 19 years as a Tool Engineer. He has been a Kent resident for five years and lived in Seattle for more than 18 years . His daughter graduated from Kent-Meridian High School and his son attends junior high. Mr. Washington and his wife serve as youth Directors/Counselors at their church. Mr. Washington will replace Doug Easter, who resigned, and his term will continue until 9/30/2002 . PARKS & (BIDS - ITEM 8A) RECREATION Neely House Renovation. The Neely House Renovation Project bid opening held on September 10 , 1999, produced one bid from Father and Son Construction from Tacoma, Washington. The Engineer' s estimate is $170 , 260 . 00 . The Parks and Recreation Director recommends awarding the contract to Father and Son Construction in the amount of $166 , 990 , plus Washington State Sales Tax. WOODS MOVED to authorize the Mayor to sign the agreement with Father and Son Construction for $166, 990 . 00 , plus Washington State Sales Tax for the Neely House Renovation project . Brotherton seconded. Hodgson explained for Amodt that the number of bidders varies by project . The motion then carried. POLICE (CONSENT CALENDAR - ITEM 6F) DEPARTMENT Year 2000 Criminal Justice Funding Application. AUTHORIZATION to apply for grant funding and establish budget documents, as required, for CY2000 Criminal Justice Funding. The proposed funding list for the 2000 MVET Criminal Justice Funding application is based on a per capita basis as in past years . The 5 Kent City Council Minutes September 21, 1999 _ POLICE application will be submitted using the maximum DEPARTMENT per capita amounts, totaling $146, 120 . The pro- jected funding amount, based on the number of agencies applying and the actual motor vehicle excise tax revenue is projected at $132 , 969 . The result of the I-695 vote will have a significant impact on this funding. The application deadline is September 24 , 1999 . (CONSENT CALENDAR - ITEM 6G) Bureau of Justice Assistance Block Grant Application. AUTHORIZATION to apply for grant funding and establish budget documents, as required, for Bureau of Justice Assistance Block Grant . The Bureau of Justice Assistance Block Grant is designated to support two areas : The Family Violence Unit, and the purchase of equip- ment to investigate computer-related crimes and presentation equipment for training. The grant total is $81, 910 , FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . No information available due to cancellation of the September 7 , 1999 Operations Committee meeting. REPORTS Council President. Orr commended City staff who were involved in a major fire recently and asked Fire Chief Angelo to present an update on the incident . Angelo explained that this was a co- operative effort and explained the strategy used to fight the fire . He discussed sprinkler systems and fire codes and said this likely was an acci- dental fire . Orr extended thanks to all involved. Operations Committee. Woods noted that the next meeting will be held at 3 : 30 on October 5th. Public Works & Planning Committee. Clark noted that the next meeting will be held at 4 : 00 on October 4th. 6 Kent City Council Minutes September 21 , 1999 EXECUTIVE At 8 : 10 p.m. , McFall reminded the Council of an SESSION executive session of approximately 30 minutes to discuss labor negotiations, pending litigation and potential litigation. The meeting reconvened at 8 :42 p .m. Police Officer' s Association Collective Bargaining Agreement. EPPERLY MOVED that upon final review and approval of the City Attorney' s Office, authorize the mayor to sign a two-year collec- tive bargaining agreement with the Kent Police Officer ' s Association (KPOA) , Captain' s and Lieutenant ' s contract, effective January 1 , 1999 through December 31 , 2000 ; in addition, upon final review and approval of the City Attorney' s Office, authorize the Mayor to sign a two-year Successor Agreement with the KPOA, Captain' s and Lieutenant ' s Collective Bargaining Agreement effective January 1, 2001 through December 31 , 2002 . Woods seconded and the motion carried. Schneider Homes Appeal. CLARK MOVED to approve the proposed agreement for dismissal of the Schneider Homes Appeal and to authorize the City Attorney to execute any and all documents relating to the same . Brotherton seconded and the motion carried. Green River Natural Resources Enhancement Area Contract. CLARK MOVED to authorize the City Attorney to enter into a settlement agreement with Paul Brothers, Inc . in the amount of $50 , 000 in exchange for release and settlement of all claims by Paul Brothers in relation to the Green River Natural Resources Enhancement Area contract . Brotherton seconded and the motion carried. 7 Kent City Council Minutes September 21, 1999 EXECUTIVE S. 277th Street Corridor Settlement Agreement. SESSION CLARK MOVED to authorize the Public Works Director to enter into a settlement agreement with Charley Kieffer for certain earthwork, fencing and trees in exchange for release and settlement of certain claims pertaining to the construction of the 277th St . Corridor Project . Brotherton seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8 :45 p .m. Brenda Jac er CMC City Clerk 8 Kent City Council Meeting Date October 5 , 1999 Category Consent Calendar 1 . SUBJECT: YEAR 2000 OPERATING BUDGET - SET HEARING DATE 2 . SUMMARY STATEMENT: Set October19, 1999, as the date for a public hearing on the Year 2000 Operating Budget . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc . ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C Kent City Council Meeting Date October 5 , 1999 Category Consent Calendar 1 . SUBJECT: EXCUSED ABSENCE - APPROVE 2 . SUMMARY STATEMENT: Approval of Councilmember Tim Clark' s request for an excused absence from the October 5 , 1999 , City Council meeting, as he will be unable to attend. 3 . EXHIBITS: Memo 4 . RECOMMENDED BY: Councilmember Clark (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D MEMORANDUM TO: JIM WHITE, MAYOR CITY COUNCIL MEMBERS FROM: TIM CLARK, COUNCIL MEMBER DATE: OCTOBER 5, 1999 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the October 5, 1999, City Council meeting. I will be unable to attend. Thank you for your consideration. TC:jb r-L caj`' Kent City Council Meeting Date October 5 , 1999 Category Consent Calendar 1 . SUBJECT: H. D. FOWLER DONATION - ACCEPT AND APPROPRIATE 2 . SUMMARY STATEMENT: As recommended by the Parks Committee, acceptance and appropriation of $100 . 00 in irrigation materials for the Kent Memorial Park Field #1 Improvements project donated by H. D. Fowler. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E Kent City Council Meeting Date October 5 , 1999 Category Consent Calendar 1 . SUBJECT: REVENUE FROM RUNSTEN HOUSE PURCHASE - ACCEPT AND APPROPRIATE 2 . SUMMARY STATEMENT: As recommended by the Parks Committee, acceptance of a check from Mr. & Mrs . Runsten for $1, 300 . 00 for the purchase from the City of the City' s surplus house and to deposit the funds in the East Hill Youth Sports Complex #1 budget . In 1998, the City' s surplus house located at 14420 SE 288th Street in Kent was advertised to sell . Mr. and Mrs . Runsten were awarded the contract for their sole bid of $1, 300 . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No . 6F Kent City Council Meeting Date October 5 , 1999 Category Consent Calendar 1 . SUBJECT: GOLF FEES YEAR 2000 - APPROVE 2 . SUMMARY STATEMENT: As recommended by the Parks Committee, approval of Golf fees increase in the Year 2000 as shown on Exhibit A. Each year city staff, S . S .M.D. staff, and the Golf Advisory Board meet to evaluate golf fees for the upcoming year. The increases are based on evaluation of other like-facilities in the area. 3 . EXHIBITS: Exhibit A proposed fees 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G Exhibit A Riverbend Golf Complex Proposed Fees - Effective December 31, 1999 Par 3 Create prime season Friday, Saturday, Sunday Rate. Current fee is $7.50 seven days/week: 9 holes $10.00 Second 9 holes $ 8.00 Mini-Putt Increase adult $4.50 to $5.00 Increase child $3.25 to $4.00 Create group rates: Groups of 10-19 $3.50 Each Groups of 20 + $3.00 Each Driving Range Increase small bucket (51 balls) $3.00 to $3.50 Increase large bucket (102 balls) $6.00 to $7.00 18 Hole Increase prime season as noted: Weekday: 18 Holes: $24 to $26 9 Holes: $17 to $18 Fri. Sat. Sun: 18 Holes: $28 to $30 9 Holes: $18 to $19 Weekday SR Rate: 18 Holes: $18 to $19 9 Holes: $12 to $13 Create weekday JR Rate: 18 Holes: $18 9 Holes: $10 p:golf12000 Golf Fees Kent City Council Meeting Date October 5 , 1999 Category Consent Calendar 1 . SUBJECT: 40TH STREET SOUTH STREET VACATION - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. vacating a portion of 40th Avenue South. The City received a street vacation petition signed by various owners of property abutting the applicable portion of 40th Avenue south, an existing public street, lying generally at the intersection of 37th Place South and 40th Place South in Kent . After a public hearing on July 6 , 1999 , the City Council approved the vacation so long as the petitioner first fulfilled all the conditions recommended by staff and approved by Council . The petitioner has now fulfilled all of the conditions imposed. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington,relating to the vacation of streets, vacating a portion of 40`h Avenue South, an existing public street, lying generally at the intersection of 37w Place South and 40`s Place South in the City of Kent. WHEREAS, a petition was filed with the City of Kent by various owners of property abutting the applicable portion of 40w Avenue South, an existing public street, lying generally at the intersection of 37w Place South and 40'' Place South in the City of Kent, King County, Washington; and WHEREAS, the Kent Planning Director processed this petition and secured technical facts pertinent to the question of this vacation along with a recommendation as to approval or rejection by the Public Works Department; and WHEREAS, the Kent City Council fixed a time for a public hearing on the petition and the hearing was held with proper notice on July 6, 1999, at 7:00 p.m. in the City Council Chambers of the Kent City Hall; and WHEREAS, the Public Works Department and Planning Director recommended that the City Council approve the petition upon the petitioner's fulfillment of certain conditions; and 1 40 Avenue South Street Vacation WHEREAS, after the public hearing on July 6, 1999, the City Council approved the vacation so long as the petitioner first fulfilled all the conditions recommended by staff and approved by Council; and WHEREAS, the petitioner has now fulfilled all of the conditions imposed by Council; and WHEREAS, the City Council finds that the street sought to be vacated is: (1) an open, dedicated street and presently being used as a street; (2)not abutting on a body of water and, therefore, not suitable for acquisition for port purposes, boat moorage or launching sites, park, viewpoint, recreational or education purposes, or other public use; and (3) a vacation which is in the public interest; and WHEREAS, the City Council has directed the preparation of an ordinance vacating the portion of said street; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. That portion of 40''Avenue South lying generally in the City of Kent as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated. SECTION 3. No vested rights shall be affected by the provisions of this ordinance. 2 0'Avenue South Street Vacation SECTION 4. — Severability. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. —EEective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY PASSED: day of 1999. APPROVED: day of 1999. PUBLISHED: day of 1999. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P\OVI(\oIdIMI WAv UCS�Vi Mn.d 3 40'A Avenue South Street Vacation Legal Description — Road Dedication That portion of tracts 2 and 7, Van de Vanter's Ten Acre Tracts, according to the plat thereof, recorded in Volume 12 of Plats, page 84, in King County, Washington, described as follows: Beginning at the northwest corner of the south half of said Tract 2, said corner being on the east right-of-way margin of 401hAvenue S and on the arc of a 50.00 foot radius circular curve to the right, the ctinter of which bears S18°17'30"W; thence southerly, along said curve, through a central angle of 325°05'05" an arc distance of 283.69 feet to a point on the west right-of-way margin of said 401h Avenue S.; thence S00050'02"W, along said right-of-way margin, 1,31 feet; thence S89°09'58"E 15.00 feet to the centerline of said 40flAvenue S; thence N00°50'02"E, along said centerline, 1.31 feet; thence S89°09'58"E 15.00 feet to the TRUE POINT OF BEGINNING. Except that portion lying within the north 329 feet of said Tract 7. Containing 7,785± square feet or 0.1787± acres. ,6(3 i lay VANDER ��.•'� w,is'' 0 0 . 327 9 •ti z• � z ' :o `fir S�F41aTEg60.O4 \ �`YA 1.•LAly�9 EXPIRES 10/26/00 EXHIBIT PROPOSED STREET VACATION .;��s U o Jam ` TV 99 40TH AVENUE SOUTH N AREA TO BE VACATED a d_ tit a � Op ,Q O � qo cl w ' 17 CD t J O ✓dO�J IT Cl a w ,i. Sr od qco LT V o do = cl U ..�J �r�"p VGV � AZk Jr 1 Kent City Council Meeting Date October 5 , 1999 Category Consent Calendar 1 . SUBJECT: KING COUNTY INTERLOCAL AGREEMENT, MISCELLANEOUS STRUCTURES INSPECTION - AUTHORIZATION 2 . SUMMARY STATEMENT: Approval and authorization for the Mayor to sign the Inspection Agreement with King County for 1999 . This agreement with King County covers the inspection of all occupancies in Fire District #37, with the exception of single family residences and miscellaneous structures . This agreement is in a series of continuing agreements that have been signed for the last several years . This agreement provides a tool used by the Fire Department to alleviate serious fire hazards in the District ' s commercial buildings . It is for the first inspection and one re-inspection only. Any follow up work after the first re-inspection is the responsibility of the King County Fire Marshal . From a financial standpoint, the County will reimburse the City at the rate of $100 . 00 per hour for travel, research time and inspections performed on any permit application within the City' s jurisdictional boundaries . This agreement has been reviewed by the City Attorney' s office . 3 . EXHIBITS : Interlocal agreement 4 . RECOMMENDED BY: Fire Chief Angelo (Committee, Staff, Examiner, Commission, etc . ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND City of Kent THIS AGREEMENT is made and entered into this day by and between King County, a home rule charter County in the State of Washington (hereinafter referred to as the "County") and City of Kent , a Washington municipal corporation (the "City"). WHEREAS, RCW 19.27.031 provides that on and after January 1, 1975, there shall be in effect in all cities, towns, and counties of the state a state building code; and WHEREAS, RCW 19.27.031 provides that a portion of the aforementioned code shall consist of the Uniform Fire Code and the Uniform Fire Code Standards, published by the International Fire Code Institute; and WHEREAS, RCW 19.27.040 authorizes counties to amend any component of the state building code as it applies within its jurisdiction in all such respects as shall not be — less then the minimum performance standards and objectives enumerated in RCW 19.27.020; and WHEREAS, KCC 17.04.01013 provides that the term "fire marshal" as used in the Uniform Fire Code shall mean fire marshal of the building services division of the King County Department of Development and Environmental Services; and WHEREAS, Section 103.2.1.2(1) of the King County Modifications to the Uniform Fire Code, as adopted by K.C. Ordinance 12560 provides the King County Fire Marshal's Office shall have responsibility for inspections and the enforcement of the fire prevention provisions of the code; and WHEREAS, Section 103.2.1.2(3) of the King County Modifications to the Uniform Fire Code, as adopted by K.C. Ordinance 12560 provides the King County Fire Marshal's may by written contract, delegate to the chief of the fire districts and fire departments authority for inspections and/or the enforcement of the fire prevention provisions of the code within their respective jurisdictions. WHEREAS, the City desires to provide by agreement for effective inspection pursuant to the Uniform Fire Code within the jurisdictional boundaries of Kinq County Fire District 37 and effective administration and inspection of the Hazardous Materials Inspections/Permit program. WHEREAS, this Agreement is authorized by the Interlocal Agreement Act., RCW — 39.34. NOW, THEREFORE, in consideration of their mutual promises set forth herein, the County and District/Department hereby agree as follows: 1. COUNTY OBLIGATIONS 1.1. General. The County agrees to continue: to assume the enforcement powers for the Uniform Fire Code as provided for by King County Title 23; to be responsible for the issuance of all required permits or certificates; to collect all required permit fees; to reimburse the City in accordance with the terms of this Agreement for additional insurance premium charges and for work performed as a result of the City's participation in the activities described in this Agreement. 1.2. Ordinances. The County agrees that it shall notify the City upon the adoption of any ordinance that affects or requires inspections to be made under the Uniform Fire Code or in any way affects the duties of the City under the terms of this Agreement. 1.3 Forms. If the County specifies or requires any forms or writen reports to be used under the terms of this Agreement, the County agrees to provide such forms to the City at the expense of the County. 1.4. Reimbursement For Work Performed. The County agrees to reimburse the City at the rate of$100.00 per hour for travel and research time and inspections performed on any permit applications within the City's jurisdictional boundaries pursuant to this Agreement. 2. CITY OBLIGATIONS. 2.1 Permit Inspection of Occupancies. The City agrees to perform Hazardous Materials Permit inspections within its jurisdictional boundary on behalf of the County in accordance with the terms and provisions of the Uniform Fire Code of King County, and the guidelines established by the King County Fire Marshal. In addition, the City agrees to inspect occupancies, as defined in Section 301 of the Uniform Building Code, other than single family dwellings and those occupancies classified as "U", on an annual basis. The City further agrees to make one reinspection when required. Additional reinspections or other actions required for code compliance may become the responsibility of the King County Fire Marshals Office. 2.2. Identification of Required Permits. As part of its routine annual maintenance inspection process, the City agrees to evaluate occupancies within its jurisdiction to determine whether circumstances exist which require permits under the Uniform Fire Code. When a circumstance requiring permit is identified, the City shall I provide the occupant with a permit application, verify which code provisions for the permitted use or material being are met, initiate corrective action when needed, and notify the Fire Marshal's Office of any expired or missing permits. 2.3 Notice Upon Inability to Inspect. If for any reason the City cannot meet any of the above obligations, the City will promptly notify and seek additional assistance from the King County Fire Marshal's Office. 3. LIABILITY INSURANCE. 3.1 Insurance Coverage. The District/Department agrees to carry at all times during the effective period of this Agreement commercial general and automobile liability insurance coverage against claims for injuries to persons or damages to properties which may arise from or in connection with any activities under this Agreement. Insurance shall be at least in the amount of$2,000,000.00 covering the County as additional insured for all obligations and activities of the District. Department and its employees, volunteers and agents related to the performance of this contract. 3.2 Reimbursement. During the term of this Agreement, the County agrees to reimburse the District/Department for any additional annual insurance premium attributable to the District/Departments performance of obligations under this contract, provided that the amount or reimbursement shall not exceed $1150.00 per year. The payment shall coincide with the District/Department's normal insurance billing date of July 1. In the event of early termination of the contract, the District/Department shall pay to the County an amount equal to any funds returned to the District/Department by the insurance company as a result of such termination of contract. 3.3 Municipal or State Agency Provisions. If the contractor is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certificate of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. 4. RECORDS AND DOCUMENTS. All records compiled by the City under the provisions of this Agreement shall constitute records of the County and shall be made available to the County upon request. All records and documents with respect to this Agreement shall be subject to mutual inspection and review by both parties during the performance of this Agreement and for seven (7) years after termination. 3 5. EMPLOYEE COMPENSATION AND CONTROL. _ The County shall be responsible for the payment of all salaries, wages, other benefits, and compensation to all county employees performing services under this Agreement. Further, the County shall be solely responsible for control of personnel, standards of performance, discipline, and all other aspects of performance of all county employees performing services under this Agreement. The City shall be responsible for the payment of all salaries, wages, other benefits, and compensation to all City employees performing services under this Agreement. Further, the City shall be solely responsible for control of personnel, standards of performance, discipline and all other aspects of performance of all City employees performing services under this agreement. In providing services under this Agreement, the City is an independent contractor, and neither the City nor it officers, agents or employees are employees of the County for any purpose. The City shall be responsible for all federal and or/ state tax, industrial insurance and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. 6. NONDISCRIMINATION. — In performing any obligations in this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of services or any other benefits under this Agreement. The City shall comply with all applicable requirements of Section 504 of the Rehabilitation Act of 1973 as amended and the Americans with Disabilities Act of 1990. 7. NO THIRD PARTY BENEFICIARY INTENDED This Agreement is intended solely to provide assistance to the County and City and is not intended to benefit any third party. 8. ADMINISTRATION This Agreement shall be administered by the County Fire Marshal or his/her designee, and the City Manager, or his/her designee. 4 9. DURATION. This Agreement shall take effect on the 1st day of January, 1999 and shall terminate one year thereafter on the 31 st day of December, 1999 unless otherwise terminated in accordance with Section 10 of this Agreement. 10. TERMINATION. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. In addition the failure to comply with any of the provisions stated herein shall constitute material breach and shall constitute cause for immediate termination. Any termination of this Agreement shall not terminate those obligations of either party that matured prior to such termination. 11. INDEMNIFICATION. 11.1 The County shall indemnify and hold harmless the City and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided that the City retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 11.2 The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents and employees, or any of them in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided, that the County retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the County and of it officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents and employees or any of them, the City shall satisfy the same. 11.3 The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid and enforceable only to the extent of the negligence of each parry, its agents, employees and/or officers. 5 12. AMENDMENTS. _ This Agreement is the complete expression of the terms hereto, and any oral representation or understandings not incorporated herein excluded. Any modifications to this Agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed. KING COUNTY CITY OF KENT County Executive Dated Dated Approved as to form: Approved as to form: Deputy Prosecuting Attorney 6 Kent City Council Meeting Date October 5 , 1999 Category Other Business 1 . SUBJECT: BURDIC FEED REZONE RZ-99-2 (KIVA #9900515) 2 . SUMMARY STATEMENT: The Hearing Examiner has recommended approval of an application to rezone two parcels of property from DCE, Downtown Commercial Enterprise, to GC, General Commercial . The property is located in the northeast corner of Willis and Railroad Avenue and the other parcel is located in the northwest corner. 3 . EXHIBITS: Staff report and Findings and Recommendations 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember 61 moves, Councilmember " seconds to accept the Findings of the Hearing Examiner, and to adopt/-r-4a the Hearing Examiner' s recommenda- tion of approval of the Burdic Feed Rezone #RZ-99-2 (Kiva #9900515) and to direct the City Attorney to prepare the necessary ordinance . DISCUSSION: ACTION: Council Agenda Item No. 7A N CITY OF 7-0?,-�')SJ r � Jim White, Mayor �N V ICTA Planning Department (253) 856-5454/FAX(253) 856-6454 James P. Harris, Planning Director OFFICE OF THE LAND USE HEARING EXAMINER Theodore P. Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: BURDIC FEED #RZ-99-2 KIVA #9900515 APPLICANT: PKJB Architectural Group REOUEST: A request to rezone two parcels of property form DCE, Downtown Commercial Enterprise, to GC, General Commercial. LOCATION: One parcel is located in the northeast corner of Willis and Railroad Avenue and the other parcel is located in the northwest comer. APPLICATION FILED: May 20, 1999 DETERMINATION OF NONSIGNIFICANCE ISSUED: July 13, 1999 MEETING DATE: August 18, 1999 and continued to September 1, 1999 RECOMMENDATION ISSUED: September 3, 1999 RECOMMENDATION: APPROVAL with no conditions STAFF REPRESENTATIVE: Kevin O'Neill, Planning Department PUBLIC TESTIMONY: Greg Percich, representing applicant Other Jack Crosby EXHIBITS: 1. Hearing Examiner file containing, Mitigated Determination of Nonsignificance, Notice of Public Hearing, application and staff report. 2. Letter from Leo Brutsche requesting rezone. 220 4th AVE.SO.. /KENT,WASHINGTON 99032-5895/TELEPHONE (253)856-5200 Hearing Examiner Findings and Recommendation Burdic Feed #RZ-99-2 SUMMARY OF PROCEDURE PKJB Architectural Group (Applicant) applied for a rezone of two parcels from Downtown Commercial Enterprise(DCE)to General Commercial(GC). The parcels are located at the northeast and northwest comers of Willis Street and Railroad Avenue, Kent, Washington. A public hearing was held on August 18, 1999 in the City of Kent Council Chambers. Because the public was not adequately notified of the subject of the hearing, the hearing was continued to September 2, 1999. All present were given an opportunity to testify and present evidence. The record is now closed and the Hearings Examiner is required to issue Findings and Conclusions within ten (10) days of the close of the record based on information provided to him. FINDINGS I. PKJB Architectural Group (Applicant) applied for a rezone of two parcels from Downtown Commercial Enterprise (DCE) to General Commercial (GC). The parcels are located at the northeast and northwest corners of Willis Street and Railroad Avenue, Kent, Washington. _ The lots are under separate ownership. Exhibit 1, Application; Exhibit 1, Staff Report,page 1; Testimony of Mr. O'Neill; Testimony of Mr. Percich. 2. The subject property is zoned Downtown Commercial Enterprise(DCE). Adjacent properties to the north and west of the subject property are zoned DCE. Adjacent property to the east is zoned General Commercial (GC). Adjacent property to the south is zoned Commercial Manufacturing 2 (CM2). Exhibit 1, Staff Report,page 2. 3. The City of Kent Comprehensive Plan designates the subject property"City Center"The City Center designation allows mixed-use development, including retail, office, multifamily residential, and public facility land uses. Exhibit 1, Staff Report,page 1. 4. (a) The parcel on the northeast comer of Willis Street and Railroad Avenue (hereinafter "parcel 1") is currently developed with a commercial building. If the rezone application is approved, a farm and pet supply store(Burdic Feed, Inc.)would occupy the site. Until June 1, 1999, this business was located four blocks from the subject property. Exhibit 1, Staff Report, page 2; Exhibit 1, Site Plan; Exhibit 1, Public Correspondence (Letter from Bernell Guthmiller). (b) The parcel on the northwest comer of Willis Street and Railroad Avenue (hereinafter "parcel 2") is currently vacant. The proposed use of parcel 2 is outdoor retail sales and storage in conjunction with the farm supply store on parcel 1. Exhibit 1, Staff Report,page 2; Exhibit 1, Site Plan. 5. Land uses in the vicinity of the subject property are mostly commercial. Several businesses, including a 7-11 and U-Haul facility, are located south of the subject property. A gas station, 2 Hearing Examiner Findings and Recommendation Burdic Feed #RZ-99-2 flower shop, and fast-food restaurant are located east of parcel 1. An auto supply store is located north of parcel 1. Two single-family residences are located north of parcel 2. Exhibit 1, Site Plan; Exhibit 1, Staff Report, page 2. 6. When the subject property was developed, it was zoned GC. The building constructed on parcel 1 was designed to be an auto repair shop, but an auto repair business never occupied the building. The site was zoned DCE in 1992. The change in zoning was an attempt to create a pedestrian-oriented commercial district. But, because the site was designed for auto- oriented businesses, the City has had a difficult time establishing pedestrian-oriented uses on site. During the past two years, while both parcels have been vacant, there have been no proposals for a use permitted in the DCE zone. The City's decision to site a commuter rail station downtown further detracted from the pedestrian-oriented potential of the site.Exhibit 1, Staff Report,pages 2, 4 & 7; Exhibit 1, Application. 7. Pursuant to the State Environmental Policy Act(SEPA), the City of Kent was designated lead agency for review of environmental impacts caused by the proposal. On July 13, 1999, the City issued a Mitigated Determination ofNonsignificance(MDNS)that became final on July 28, 1999. The MDNS contained two conditions: one requiring the Applicant to consult with Metro regarding the provision of mass transit, and one requiring the Applicant to utilize Best Management Practices designed to prevent water pollution during and after construction. Exhibit 1, MDNS. 8. There are currently eleven parking spaces on parcel 1, but only 10 would be needed for the farm supply store. Neither the City nor the Applicant submitted any documentation of the number of vehicular trips the proposal would generate.I The City concluded, however, that the proposal would not significantly change impacts to the local transportation system. Exhibit 1, Staff Report,page 6; Exhibit 1, Environmental Checklist; Exhibit 1, Application; Testimony of Mr. O'Neill. 9. Pursuant to City of Kent regulations, the City Planning Director posted, published, and mailed to adjacent property owners notice of the open record hearing. The notice identified the subject of the hearing as "a request . . . to rezone 0.248 acres . . . at 115 E. Willis Street." 115 E. Willis Street is the address of parcel 1. Both parcels, however,were to be considered together for the rezone request. Exhibit 1, Public Notice; Testimony of Mr. O'Neill. 1 In response to question 14(f)of the Environmental Checklist(asking how many vehicular trips per day the proposal would generate), the Applicant answered"Not known."Exhibit 1, Environmental Checklist. The Environmental Checklist, as well as other documents submitted by the Applicant, formed the basis for the MDNS issued for the proposal. 3 Hearing Examiner Findings and Recommendation Burdic Feed #RZ-99-2 CONCLUSIONS Jurisdiction The Hearings Examiner has jurisdiction to hold a public hearing on this quasi-judicial rezone, and to issue a written recommendation for final action to the Council, pursuant to RCW 35A.63.170 and Chapters 2.32 and 15.09 of the Kent City Code. Criteria for Review Section 15.09.050(A)(3) of the Kent zoning Code sets forth the standards and criteria the Hearings Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if. a. The proposed rezone is consistent with the Comprehensive Plan; b. The proposed rezone and subsequent development of the site would be compatible _ with development in the vicinity; C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated; d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone; e. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Conclusions Based on Findings 1. The proposed rezone is consistent with the Comprehensive Plan. The City Center designation contemplates the kinds of commercial uses (i.e. retail) that are permitted in the GC zone. Finding of Fact No. 3. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. GC zoning would be consistent with the zoning of adjacent property to the east. The proposed development is consistent with the commercial character of the area. No use that is new to the area is being introduced. Findings of Fact Nos. 2,4 & 5. 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts that cannot be mitigated. Burdic Feed needs no more parking spaces than are already available. The amount of traffic generated by the proposed use would be consistent with the amount of traffic generated by prior businesses on the site. Finding of Fact No. 8. 4 Hearing Examiner Findings and Recommendation Burdic Feed #RZ-99-2 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. The DCE zoning designation contemplates pedestrian-oriented businesses on site. The reality is that the site is more suitable for the types of auto-oriented businesses permitted in the GC zone. During the past two years,there have been no proposals for development of the property that would be permitted in the DCE zone, and the property has remained vacant because of it. A change back to the GC zone would allow the property to be used again. Finding of Fact No. 6. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent.Most of the surrounding properties are commercially zoned and developed. The proposed zoning should cause no impacts to the community that are different or greater than those caused by the existing zoning designation. Findings of Fact Nos. 2 & 5. RECOMMENDATION Based upon the preceding Findings of Fact and Conclusions, and testimony and evidence presented at the Public Hearing, Hearings Examiner recommends this application for rezone be APPROVED with no conditions. Dated this 3rd day of September, 1999. THEODORE PAUL HUNTER Hearing Examiner 5 w CITY OF �ISV Jim White, Mayor tNyICTA Planning Department(253) 856-5454/Fax(253) 856-6454 James P. Harris, Planning Director CITY OF KENT PLANNING DEPARTMENT (253) 856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF AUGUST 18, 1999 2:00 pm FILE NO: #RZ-99-2 BURDIC FEED APPLICANT: PKJB Architectural Group For Owners, Don and Debbie Brown REQUEST: To Rezone Two Parcels Of Property From Downtown Commercial Enterprise (DICE) To General Commercial (GC). STAFF REPRESENTATIVE: Linda Phillips STAFF RECOMMENDATION: APPROVAL I. GENERAL INFORMATION A. Description of Proposal The applicant proposes to rezone two parcels of property from Downtown Commercial Enterprise (DICE) to General Commercial (GC) to allow a farm supply store to occupy an existing building located on the parcel located east of Railroad Avenue, and associated outdoor retail sales and storage to occupy the parcel located west of Railroad Avenue. B. Location The request involves two parcels of property located at the intersection of Willis Street and Railroad Avenue. One parcel is located in the northeast comer of this intersection and the other parcel is located in the northwest corner. 2204th AVE.SO., /KENT.WASHINGTON 98032-5895/TELEPHONE 253)956-5200 Staff Report Burdic #RZ-99-2 C. Size of Property The size of the property located at 115 E. Willis Street is 10,800 square feet and the size of the property located at the northwest corner of Railroad Avenue and Willis Street is 8,800 square feet. D. Zonine The site is zoned Downtown Commercial Enterprise (DCE). Adjoining properties located north and west of the subject property are also zoned Downtown Commercial Enterprise. Property located directly to the east of the subject property is zoned General Commercial (GC) and property located across Willis Street to the south is zoned Commercial Manufacturing 2 (CM2). E. Land Use The portion of the site located on the east side of Railroad Avenue was formerly occupied be a carpet business, established within the General Commercial zoning district before the site was zoned Downtown Commercial Enterprise (DCE) in 1989. The portion of the site located on the west side of Railroad Avenue is undeveloped. A building containing retail businesses is located north of the parcel on the east side of Railroad Avenue and two single family homes and commercial uses are located on the west side of Railroad Avenue north of the undeveloped parcel.. Commercial land uses are located on the south side of Willis Street. F. Site History The subject property is part of the original 1889 Township of Kent. The present DCE zoning was applied in 1989. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A Mitigated Determination of Nonsignificance was issued for this rezone application on July 13, 1999. 2 Staff Report Burdic #RZ-99-2 B. Significant Physical Features 1. Topog_raphy and Vegetation The site is generally flat. With the exception of the landscaped areas, property east of the railroad is covered with the building and asphalt parking lot. Property west of Railroad Avenue is covered with grass and weeds. C. Significant Social Features. 1. Street System The property will take its primary access from East Willis Street. The City of Kent classifies East Willis Street (SR516) as a minor arterial. It is a four-lane arterial with concrete curbs and gutters, stormwater drainage system, sidewalks, and a street lighting system. Railroad Avenue is classified as a Commercial Street. It is improved with two lanes of asphalt paving and also with sidewalks in some areas north of the subject property. 2. Water and Sanitary Sewer System The City of Kent maintains the water system and the sanitary sewer system. 3. Stormwater System The paved segment of the subject property (located east of Railroad Avenue) is equipped with an oil/water separator to cleanse storm water as it enters the storm sewer system. The property west of Railroad Avenue is unpaved and, if the property is used as outdoor sales and storage area, paving will be required. Kent Construction standards require appropriate storm water facilities to manage water runoff from the paved area. 4. Local Improvement Districts (LIDs) The subject property is encumbered with Street LID covenants for the future widening and improvement of Railroad Avenue and Willis Street, as required when the Brock Automotive building and parking lot was constructed. 3 Staff Report Burdic #RZ-99-2 5. Parks The subject property is near Titus Railroad Park which is categorized as a Community Park. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Department of Operations Development Services/Fire Prevention City Attorney Director of Public Works Fire Chief Parks and Recreation Director City Clerk Chief of Police In addition to the above, all persons owning property which lies within 200 feet of the site were notified of the application and the public hearing. IV. PLANNING DEPARTMENT REVIEW A. Comprehensive Plan The Kent Comprehensive Plan Map designates the subject site as City Center. The City Center designation allows mixed-use development including retail, office, multifamily residential, and public facility land uses. LAND USE ELEMENT— Commercial Goals and Policies GOAL LU-12-Promote orderly and efficient commercial growth within the existing commercial districts in order to maintain and strengthen existing commercial districts, to minimize costs associated with extension of facilities , and to allow businesses to benefit from proximity to one another. Planning Department Comment: The developed parcel of the subject property, the former carpet store located at the northeast corner of the Railroad Avenue/Willis Street intersection, has been vacant for more than two years. There have been no proposals, during that time,to occupy the property with a use permitted in the present DCE zone. Proposed uses were appropriate in the GC zone. The purpose of this proposal is to provide 4 Staff Report Burdic #RZ-99-2 a location for an existing farm supply store, presently located at Smith and Railroad Avenue. Locating the farm store adjacent to other GC uses should allow businesses to benefit from proximity to one another, and providing a location for an existing downtown business maintains and strengthens the existing downtown commercial district. B. STANDARDS AND CRITERIA FOR GRANTING A REQUEST FOR REZONE According to Kent city code Section 15.09.050, "The following standards and criteria shall be used by the Hearing Examiner and City Council to evaluate a request for rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria." 1. The proposed rezone is consistent with the Comprehensive Plan. Applicant Response: Yes, the proposed rezone from Downtown Commercial Enterprise to General Commercial is consistent with the Comprehensive Plan. The area in which the rezone is proposed is labeled Commercial by the Comprehensive Plan. The requested rezone designation GC is directly included in the Commercial portion of the Comprehensive Plan and all adjacent sites to the east are currently zoned GC. Planning_Department Comment: The Kent Comprehensive Plan designates the subject property City Center. At the time the City Center designation was created, certain areas of Central Avenue, because of the established uses and the auto-oriented character of the street, were not considered appropriate areas to zone Downtown Commercial Enterprise (DCE), a pedestrian-oriented zone. As a result, much of Central Avenue within the City Center is zoned General Commercial (GC) The subject property is located adjacent to the GC-designated property with primary street access on Willis Street. The proposed farm supply use and the former use of the property are intense commercial uses, similar to the uses located in the GC-zoned sections of Central Avenue. The proposal to rezone the subject property to GC is consistent with the Comprehensive Plan City Center designation because adjacent areas, also within the City Center designation, are zoned GC. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. 5 Staff Report Burdic #RZ-99-2 Applicant Response: Yes, the proposed rezone and subsequent development of the site would be compatible with the development in the vicinity. Burdic's current retail establishment is relocating to this site for only four blocks away. The current site is located on arterial roads and the proposed site is located on arterial roads. All of the sites located directly east of the discussed site are zoned GC The surrounding businesses are primarily retail, with some automotive repair, fast food restaurants and gas stations. All are developments that are compatible and consistent with the Commercial Comprehensive Plan. Planning Department Comment: As commented above, the subject property is adjacent to a GC-zoned area, developed with auto-oriented uses.. The land use located south across Willis Street is Seven-Eleven store. Two single-family homes are located north of the subject property adjacent to Railroad Avenue, but the homes are located in the midst of other active commercial businesses, and traffic from the proposed farm- supply store will circulate mainly to and from Willis Street. 3. the proposed rezone will not unduly burdened the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Applicant Response: No, the proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. There are eleven parking spaces existing on the site. As concluded by the building departments required parking calculation. The occupation of the site by Burdic's will require only ten parking spaces. Therefore, we believe that no additional trip counts will be required to the existing transportation system. Planning Department Comment There will be no significant change in the impacts to the transportation system. 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. — Staff Report Burdic #RZ-99-2 Applicant Response: Yes, circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. There have been several City rejections of proposed uses for this site because of the constraints within the DCE zone. When the site was originally developed, it was zoned GC and the building constructed was an auto repair shop. Since that time the area has been rezoned to DCE in the apparent hopes that the area would develop into a more pedestrian friendly shopping area. The commuter rail north of Smith as well as development along Central has displaced this pedestrian potential. Planning Department Comments: The existing building on the site was originally planned as an auto repair shop, but never received the appropriate fire safety approvals and was never occupied by the auto repair shop. It was occupied by a carpet store. The City has observed that the site, located between the GC zoning district and the Burlington Northem/Santa Fe Railroad has been unoccupied for more than a year since the carpet store abandoned the site. City recommendations regarding the use of this auto-oriented site have changed. Prior proposals to occupy the site have involved auto-related uses. This change, together with the location of the commuter rail station north of Smith Street and the general automobile-related character of the site appear to support the proposed rezone. In addition, the DCE zoning was applied to this site in 1989 on a rather broad- brush basis. DCE zoning is a pedestrian-oriented commercial district that is perhaps more suitable for non-arterial, less auto-oriented sites than the subject property. Several commercial uses have been proposed for the site over the past year which have been determined not to be consistent with DCE zoning. The decision to locate the commuter rail station in the north part of downtown also detracted from the potential pedestrian-orientation of this area. These factors have contributed to the difficulty of establishing appropriate DCE-type uses on this site. 5. The proposed rezone will not adversely affect the public health, safety and general welfare of citizens of the City. Applicant Response _ No, the proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. This rezone allows an existing business to remain in the City of Kent. The rezone will not require any additional 7 Staff Report Burdic #RZ-99-2 construction, building or utility improvements as everything needed is existing . It allows for the complete utilization of an existing building. this utilization will keep the property maintained and prevent disrepair thereby preventing any future hazards that an unoccupied building may pose. Planning Department Comment The proposed use, a farm supply store, will not adversely affect the health, safety and general welfare of the citizens of the City of Kent, and other uses permitted in the GC zone would be appropriate on this site as well. The property is served by an arterial and bordered by the railroad right of way and by the type of business permitted in the GC zone. V. PLANNING DEPARTMENT RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, City staff recommends APPROVAL of#RZ-99-2, the Burdic Feed rezone application. KENT PLANNING DEPARTMENT August 18, 1999 ch:U:\USERDATA\RZ992REPORT.DOC 8 City of Kent - Planning Department <I .I �'5 .�5 - .�Q�t° 70. I, �,, N. �\ Ivp yd> �oytp d'23 r4, I ; un24� h I HI i/64 b/w. 1, ^49 D ro /acz ,�c nno Q. rh SAAR ST. 1r3 9 / e r.o /•. Itn 9 r W� U1 20.: No D � u e. y e oft \o) •`ee. to 10 N e 1k o v ^ \p old M`� ro�` 0j'` 2 5: li.c S �o,�y'° •i.�.st .�.? u —u.,15 `V :=4 '•.oato �: I F,J o�45 13,_ q � ` 8u1 tiu.s — 4 16 ✓.Y. , B.�° y N N h n ^ a iro .+�N ZI N,✓e9sz.szc E. WILLIS �, ST. /mz3s a° l o D 6 n.�.e •,� 1. 265KFO (N./RR/Ja.v sL) m 7�p 6appa n ]Ci.I OL. )enn L o fp a e3110063 N .. D:le4� U;�. . .. A,4•; -ee ��•i $0 7e D6 asn 4'n fEe eLa� n o 14 .V 1nL.lb a 2 rt r' 13 ,°a° Jtm 4 I oDJt°, ,•N3 ti 3 IZv, 5 oP'J lel -- °� 4 e" n —� "J 4 qo npf' VICINITY MAP APPLICATION NAME: Burdic Feed Rezone DATE: August 18, 1999 i-41UMBER: #RZ-99-2 REQUEST: To rezone two parcels of property located at the northeast and the northwest corners of the intersection of Railroad Avenue any TY ii. _ -:: - c,--- " -- -- -i,t Enterprise tDCEI to General Comsrercial GC. City of Kent - Planning Department 1 _ I 4 - —..- __- - . I I i rL77 1 _ 1 — — I— — — --------- ----------- $RE PUN SITE PLAN P�YJCATION NAME: Burdic Feed Rezone Application ATE: August 18, 1999 UMBER: =RZ-99-2 Inr a-�(j at the •;rlrrA^T. _ _ _C^ n .0 .. -„�(c Ci r.rrno.�.: _ City of Kent - Planning Department I . o ,RE E wIL435T0.E II y_{ t 'J V = 200' I ZONING MAP APPLICATION NAME: Burdic Feed Rezone DATE: August 18, 1999 NUMBER: #RZ-99-2 REQUEST: To rezone two parcels of property located at the northeast and the northwest comers of the intersection of Railroad Avenue and Willis Streets from Downtown Commercial Enterprise (DCE) to General Commercial GC. • Kent City Council Meeting Date October 5 , 1999 Category Other Business 1 . SUBJECT: ADULT RETAIL ESTABLISHMENTS - ORDINANCE 2 . SUMMARY STATEMENT: On September 27 , 1999 , the Land Use and Planning Board held a hearing and thereafter recommended approval of the proposed ordinance relating to adult retail establishments . The ordinance amends both the Business License Code, Chapter 5 . 10, and the Zoning Code to establish a new definition of adult retail businesses which includes adult bookstores, video stores, and novelty stores . Those establishments meeting the definition of an adult retail establishment must be properly licensed and zoned as such. - 3 . EXHIBITS : Memorandum regarding study summaries ; memorandum regarding regulation of adult retail businesses; and ordinance 4 . RECOMMENDED BY: Land Use and Planning Board (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember 4 W moves, Councilmember A)Gt/Y seconds adoption of the findings set forth in the proposed ordinance including those relating to the referenced studies and further the adoption of the ordinance as Ordinance No. 3 V 75 relating to adult retail establishments . DISCUSSION: ACTION: �Yl� Council Agenda Item No . 7B OFFICE OF THE Cull ATTORNEY Memorandum T0; City Council CC; Jim White, Mayor FMM: Roger Lubovich, City Attorney Be: Summary of Studies Relating to the Negative Secondary Impacts of Adult Entertainment Businesses CBS: October 5, 1999 During earlier consideration by the City Council of the adult retail moratorium and during review of this matter by the last Land Use and Planning Board, I presented seventeen studies I r- assembled in two notebooks addressing the negative impacts that adult entertainment businesses have on the surrounding areas. Some of the studies are extensive, containing statistical correlation analysis; other "studies" are summaries of the findings of other cities. I have compiled summaries from each of the seventeen studies for your review. For every study, I address the scope (what the study actually considered) as well as the conclusion. Please note that the studies are numbered 1-17 in the binder, those numbers correspond to the numbers that I will use so that the studies can, if desired, be easily referenced. 1. A Report on Zoning and Other Methods Regulating Adult Entertainment in Amarillo: Amarillo,Texas (September 1977). Scope: This study analyzed the impacts of adult-only businesses (businesses that display pornographic material,bars, lounges, and other businesses restricting age) upon surrounding land uses. The findings were made by the Amarillo Planning Department about the impacts within the Amarillo city limits. Conclusions: * Street crime in the immediate vicinity of adult businesses was much greater than the city average. * A concentration of the adult establishments had a detrimental effect on the surrounding areas due to the increase in the noise, lights, and traffic. * Citizens and businesses generally avoided the areas of concentrated adult businesses. 2. A Study on the Need to Regulate the Location of Adult Entertainment Uses; Bellevue, Washington (September 1987). Scope: This study was conducted to provide information of the effects of adult entertainment on cities. Adult entertainment, for this study,was defined as: businesses Memorandum: Land Use and Planning Board October 5, 1999 Page: 2 which cater to adults' interest in sex (theatres, shows, live entertainment,bookstores, video stores, and novelty stores). The information used for the study was not collected from Bellevue. Rather, information was complied from the studies of several cities including Detroit, Cleveland, and Bothell. Additionally, this study examined the 1970 Presidential Commission on Obscenity and Pornography. The summary study was used to assist the Planning Commission in its deliberations on adult entertainment regulations. Conclusions: * In Detroit, between 1969 and 1972, the number of adult theatres increased from 2 to 18, the number of bookstores increased from 2 to 21. The crime in the areas of the adult businesses increased dramatically as a result of the new facilities. * In Cleveland, a census was conducted in 204 regions. Of those 204 regions, the two with the highest crime had a total of 8 adult establishments. The average census region had 20.5 robberies per tract. The 15 regions with adult businesses had 40.5 robberies per tract. The one tract with the most adult businesses (5 adult businesses) had 136 robberies despite the small population of 730. The average number of rapes per census region was only 2.4. However, the 15 regions with the adult businesses had, on average, double that number. * In Bothell, a study found that an adult dance facility brought mostly outside customers, not city residents. Of the 321 vehicles in the establishment, only 8 were registered in Bothell. * The 1970 Presidential Commission reported that there was no evidence supporting a link between sexual materials and criminal behavior. However, as the Bellevue study points out, this finding has been often contested. * The Planning Commission found that property values may not decline in the immediate vicinity of the adult businesses in commercial areas, but residential property values will likely decline if the adult establishment is located in residential areas. Finally, the commission found that a greater concentration of adult businesses led to a greater likelihood of problems. 3. Adult Entertainment Business in Indianapolis, Indiana (1984). Scone: The Division of Planning conducted this study by examining six representative locations (containing adult businesses) and compared the sites to six similar sites without adult businesses. This study defined adult businesses as businesses which primarily feature sexually stimulating material and/or performances. This includes adult bookstores, cabarets, drive-in theatres, and mini motion picture theatres and arcades. The study evaluated the crime and real estate values in both the adult business areas and the control areas. Conclusions: * 75% of appraisers who responded to a survey conducted by the city felt that an adult bookstore would have negative effects on residential and commercial properties in the immediate vicinity. I Memorandum: Land Use and Planning Board October 5, 1999 Page: 3 * Sex related crimes in the areas around adult facilities were substantially higher than areas without adult facilities. The sex related crimes around adult facilities were: 46:10,000 people. The sex related crimes in areas not in the vicinity of adult facilities were: 26:100,000 people. 4. Adult Entertainment Study: City of New York(November 1994). Scope: In reaction to the increase in adult entertainment establishments, the Department of City Planning undertook the study to determine the secondary impacts of the establishments. The study considered a survey of the existing studies of other cities (Whittier, Austin, Phoenix, Minnesota, Indianapolis) as well as a review of studies done on the impacts in New York City. This study defined adult entertainment as: triple-x video and bookstores, adult live or movie theaters, and topless or nude bars. Conclusions: * New York has a substantially higher rate of crime in areas with concentrated adult facilities than areas without adult businesses. * A Whittier study found that turnover rates in commercial and residential areas near adult use establishments were higher than in areas without adult businesses. Additionally, over the two year study, crime in the city as a whole increased by 8%, but crime in areas with adult businesses increased 102%. * In Austin, the sex crime rate was two to five times greater in areas with adult businesses than areas without such establishments, Also, sex crime rates in areas with a concentration of adult businesses was 66%higher than areas without adult businesses. * In Phoenix, sex crime arrests in areas with a concentration of adult businesses were six times higher than in areas without adult businesses. * In Minnesota, the addition of one adult business to an area caused an increase of sex crimes in that area by more than 9%. * An Indianapolis study found that major crime in areas with at least one adult business was 23%higher than in other areas. 5. City of Kent Adult Use Zoning Study; Kent, Washington(November 1982). Scope: Our city's Planning Department conducted a study of the effects of adult entertainment businesses on the surrounding community. The Department considered the incidence of crime in other cities (such as Detroit and Cleveland) as well as the property value in adult business areas. The Kent study also looked at the 1970 presidential commission report. This study defines adult businesses as: all uses which are restricted to adults only(adult motion picture theaters, adult bookstores, adult motels, gambling establishments,massage parlors,body painting studios, and headshops). Memorandum: Land Use and Planning Board October 5, 1999 Page: 4 Conclusion: * A questionnaire sent to citizens showed that crime increased with the addition of adult businesses to the community. * Kent police investigations showed that a high incidence of criminal activity was associated with adult facilities (in 57 hours of investigation, 162 charges were brought against 21 people). * A questionnaire of appraisers showed that the majority felt that there was probably a negative impact of adult uses on residential property values. The appraisers felt there was little or no adverse impact on commercial property values. 6. Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard; Garden Grove, California (October 1991). Scone: Garden Grove hired two PH.Ds to conduct a statistical analysis on the negative impact of adult businesses on the community. This study has a long discussion of which types of businesses are "adult businesses." The study concludes that adult businesses includes adult theaters, adult bookstores, cabarets,bars, taxi dance halls and hotels. Conclusions: * The crime was significantly higher in areas with adult businesses. The higher crime was typically higher levels of serious crimes. * Adult businesses located in the vicinity of a tavern had even higher crime incidences. * The real estate values (both residential and commercial) were lower in areas with adult businesses. * Residents near adult facilities blamed the facilities for the higher crime and negative impacts. * Most residents in close proximity to the adult businesses supported regulations on those businesses. 7. Regulation of Adult Entertainment Establishments in New Hanover County; North Carolina (July 1989). Scone: The planning department reviewed studies from other cities (Phoenix)to show the potential negative secondary impacts. This study defined adult businesses to include bookstores,video stores, or other establishments of. . . visual representation of specified sexual activities. Conclusions: * In Phoenix, areas with adult entertainment businesses had 43%more property crimes, 4% more violent crimes, and over 500%more sex crimes than control areas. * The other studies reviewed have previously been discussed. Memorandum: Land Use and Planning Board October 5, 1999 Page: 5 8. Relation of Criminal Activity and Adult Businesses; City of Phoenix (May 1979). Scone: Phoenix conducted a study of various areas with adult businesses and compared the results to control areas for assessing the differences in crime levels in the two areas. This study does not define adult business. Conclusions: * The areas with adult businesses had 40%more property crime than the control areas. * Sex crime rates were six times higher in areas with adult businesses (the most common crime was indecent exposure). * 89% of reported indecent exposure crimes occurred in areas with adult businesses. * The number of sex offenses in the areas with concentrated adult businesses were between 56% and 84% higher than the number of sex offenses in areas with single or few adult businesses. 9. Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area;New York,NY(April 1994). Scope: New York conducted surveys to find the reactions to an area previously inundated with adult businesses which had, for the most part, subsequently left the area due to regulations. This study defined adult entertainment as massage parlors, nude live entertainment, erotic bookstores, X-rated movies, and peed shows. Conclusions: * The five-year decrease in adult establishments led to a 54% decrease in crime in the area. 10. Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, Minnesota (June 1989). Scope: The AG conducted a survey on the crime in St. Paul and Minneapolis in areas with "sexually oriented businesses." This study never defines sexually oriented businesses but does state that bookstores and movie theatres for adults are included. Conclusions: * The AG found a close association between sexually oriented business and high crime rates. * There was a close link between adult businesses and low housing values. * Areas with adult businesses had a higher crime rate index. * The negative impacts of adult facilities dissipated as the distance from the facility increased. * Major crimes occurred 23%more often in areas with adult businesses than areas without. * Sex-related crimes occurred 77%more often in areas with sexually oriented businesses. Memorandum: Land Use and Planning Board October 5, 1999 Page: 6 11. Report on Adult Oriented Business in Austin; Austin,Texas (May 1986). Scope: Austin considered the secondary impacts of adult businesses. The study was conducted to amend the zoning ordinances. The study considered crime rates and property value differences between adult businesses areas and areas without such facilities. This study defines adult businesses as bookstores, theaters, massage parlors, and topless bars. Conclusions: * Sex-related crime rates were 66% higher in study areas with multiple adult businesses than areas with no or few adult businesses. * 88% of realtors felt an adult bookstore would decrease residential property values of areas within one block of the facility. * 59% of realtors surveyed believed the residential property values within three blocks of the adult bookstore would decrease. 12. Study & Recommendations for Adult Entertainment Businesses in the Town of Islip; Islip New York(September 1980). Scone: The city Planning Department summarized the citizen reactions to the opening of an adult bookstore: Bohemia Adult Bookstore. The store considered was a combination of a bookstore and a"peep show" facility. This summary was less of a study and more of a reporting of reactions. This study does not define adult business but considers the adult bookstore to be an adult business. Conclusions: * Showed strong citizen opposition to the store's opening (letters and newspaper articles). * Contains several letters from city members demanding the store be closed. * Explains how citizens picketed in vain. Additionally, on two separate occasions, picketers of the store were "swerved at"by patrons leaving the facility. * Reports that the owner and his son were arrested for illegal materials and were said to have mob connections. 13. Study on the Effect of the Concentration for Adult Entertainment Establishments in the City of Los Angeles; Los Angeles, California (June 1977). Scope: This study evaluates police reports from the LAPD on crimes in areas of adult businesses. The city held two public meetings on adult entertainment during which many citizens gave testimony. The Planning Department mailed a survey questionnaire to _ appraisers, realtors, and representatives of lending institutions. This study defines adult businesses as adult bookstores and theaters,massage parlors, nude modeling studios,adult motels, arcades, and certain similar businesses. Memorandum: Land Use and Planning Board October 5, 1999 Page: 7 Conclusion: * The Los Angeles Police Department found links between business concentrations and increased crime. * Public meetings on adult entertainment showed serious public concern over expansion of adult entertainment businesses. * Citizens testified that they were afraid of walking the street and stated they felt their children might be confronted by patrons in a sexual manner. * A public mail survey showed a general public concern over adult businesses. * The survey of appraisers, realtors, and representatives of lending institutions showed that they were, for the most part, of the opinion that adult entertainment had a negative economic impact on both businesses and residences in the area. 14. Zoning and Adult Amusement; Albuquerque,New Mexico (May 1995). Scone: This study discussed case law and various city ordinances, there were no statistics or studies examined. This study defined adult business as a bookstore,photo studio, or adult theater. 15. 40 Acre Study on Adult Entertainment, St. Paul Department of Planning and Economic Development, Division of Planning(1987). Scone: The St. Paul Planning Commission conducted a study for possible amendments to the zoning code for adult businesses. The Commission compared the difference between areas with adult businesses and the areas with barshavems and areas without either. Conclusions: * There was a statistically significant correlation between the location of adult businesses and taverns and neighborhood deterioration. * Crime rates were higher in areas of adult businesses and taverns than areas without such businesses. * Housing values were lower in areas of concentrated adult entertainment businesses and taverns than areas with no or few adult businesses and taverns. 16. Adult Entertainment Material; City of Des Moines, WA(June 1984). Scope: Des Moines compiled a report to summarize land use impacts associated with adult theaters. The city considered not only the impacts of such businesses in Des Moines,but also looked at studies of impacts in surrounding areas in Washington. This study focused on adult theaters. Conclusions: * The public perceptions of citizens were that property values decline in adult business areas Memorandum: Land Use and Planning Board October 5, 1999 Page: 8 * Citizens refused to shop in areas adjacent to adult businesses. * Citizens believed the district, in which the adult facility was located, deteriorated and crime increased as a result of the adult facilities. * Buildings adjacent to adult businesses had higher turnover than most buildings in the city. * In North Seattle, property owners in the area of adult businesses stated that, because of those businesses,there was increased noise, vandalism, crime, and other nuisances. M In Seattle, there was a general decline in the upkeep of the buildings adjacent to the adult businesses. A Seattle police officer stated that the area around the adult entertainment establishment had the highest incidences of crime. * Redmond had problems similar to that of North Seattle as a result of the opening of adult businesses: increased crime, late night noise, declining use of adjacent buildings. 17. Adult Business Regulation Study; City of Olympia, WA (1996). Scone: The Planning Commission, in order to amend its zoning ordinance, looked to the secondary impacts of adult businesses in Austin, Indianapolis, and the Minnesota AG's report. This study defined adult businesses as adult bookstores, adult live entertainment, and adult motion picture theaters. There was no additional information provided in this study. OFFICE OF NE CITY AMINU Memorandum TO: City Council CC: Jim White, Mayor FNIM Roger Lubovich, City Attorney N: Adult Retail Establishments ON: October 5, 1999 In 1995 the City of Kent adopted a new adult entertainment business license ordinance regulating sexually oriented businesses, including exotic dance studios, book stores, peep booths, _ panoramas,movie theaters, and other similar adult establishments. The issue at hand relates to adult retail establishments,more specifically adult book stores, adult novelty stores, and adult video stores which are regulated by the City's ordinance. The proposed ordinance (attached)redefines adult retail establishments. It is well settled that a city may enact zoning and licensing regulations to address the negative secondary impacts of these types of establishments. The secondary impacts include: declining property values, neighborhood blight, increased crime, or other public health or safety effects resulting from such adult use. However, the current definition may not be adequate to withstand court scrutiny in the event of a challenge The proposed ordinance creates a new definition of adult retail establishments in order to comply with the court ruling in World Wide Video, Inc. v. City of Tukwila, 117 Wn.2d 382 (1991). World Wide's ruling held that the City of Tukwila did not show that an establishment where material offered as take home material, as opposed to on-site entertainment, containing only ten percent (10%) of its stock and trade as adult material would create negative secondary impacts in the community. In order to satisfy this court ruling, two things should be considered in adopting a new ordinance. First, the record must show that these type of establishments do create negative secondary impacts in the community. Second, adult retail establishments must not be too narrowly defined in order to withstand court scrutiny. The City of Kent's Business License Code, Chapter 5.10, currently defines an adult retail establishment as an establishment having a significant or substantial portion of its stock in trade or revenue in adult entertainment material. The Zoning Code, Section 15.02.006, defines an adult retail establishment as having twenty percent (20%) of its stock in trade in such material. It does not include revenue. As a consequence, there is a slight inconsistency between the two provisions. The r MEMORANDUM: — Land Use and Planning Board October 5, 1999 Page: 2 main issue with the definition, however, is the twenty percent(20%) limitation. World Wide Video used the definition of ten percent(10%) of its stock and trade in adult material. As noted above, the court found that the City of Tukwila did not establish that such an establishment with ten percent (10%) of its stock and trade in this material would create a negative secondary impact in the community. To address these concerns, this office has compiled a number of studies that show that adult retail establishments have negative secondary impacts in the community. Under Renton v. Playtime Theater, 475 U.S. 41 (1986), cities may rely on studies of other jurisdictions to make such findings. The Land Use and Planning Board should consider these studies in its review of this issue. With regard to the definition of adult retail establishment, this office is concerned that the twenty percent (20%) definition may be determined by a court as too narrowly defined with respect to affected businesses. Numerous court rulings have upheld the definition of adult retail as being a "significant" or "substantial" inventory or stock in trade of adult entertainment material. hi the _ case of ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (1994), the court dealt with the definition of adult retail establishment as being a substantial or significant of its items characterized by adult entertainment. The store at issue segregated forty percent(40%) of its floor space to adult only material,which accounted for fifty percent of the store's total sales. The store had no facilities for on-premise viewing. The court in that case upheld the regulation. The planning commission in that case held hearings and made the finding that adult entertainment in close proximity to residential uses, churches,parks, and schools would result in devaluation of property values and decreases in commercial business sales, thereby reducing tax revenues to the city and adversely impacting the economic well being of the citizens. They also found that it would lead to increased levels of criminal activity including prostitution, rape, assaults, and other sex related crimes in the vicinity of such uses. The other court rulings reviewed by this office did not provide any other examples of percentage of floor space or inventory as part of the definition of adult retail use. The proposed ordinance amends both the Business License Code, Chapter 5.10, and the Zoning Code to establish a new definition of adult retail establishment as a commercial establishment having or providing a"significant"or"substantial"portion of its stock and trade in adult material (see page 6 of the proposed ordinance). The ordinance also provides that it is a rebuttable presumption that thirty (30) percent stock-in-trade in adult entertainment material is "significant"or"substantial". The Zoning Code is also further amended to include all the definitions of adult entertainment facilities consistent with those in Chapter 5.10. The ordinance makes numerous other minor modifications to clean up language for consistency. Finally, the ordinance identifies the studies assembled by this office indicating that these types of establishments have a negative secondary impact in the community(see page 2 and 3 of the proposed ordinance). MEMORANDUM: Land Use and Planning Board October 5, 1999 Page: 3 The main amendments relating to adult retail establishments are contained in the definition sections, sec. 5.10.030(B)(3) on page 6 and 7 of the ordinance which is duplicated in the zoning code section 15.02.007(C) on page 16 and 17 of the ordinance. The moratorium currently in place relative to the establishment of these uses expires October 29, 1999. P:\Ciht LES\OMFila\0374Udu¢Redl.rt I.dw ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the zoning code and business license code of the City of Kent relating to adult entertainment by amending the definition of adult retail establishments and by making other related changes. WHEREAS, the City Council, has previously determined, as set forth through findings in Ordinance Nos. 3214 and 3 22 1, that adult entertainment uses cause adverse secondary effects that are detrimental to the public health, safety, and general welfare of the citizens of Kent; and WHEREAS, there are adult bookstores, adult novelty, and adult video store establishments (hereinafter"Adult Retail Establishments") doing business within the City of Kent whose stock in trade is devoted in whole or in part to books, magazines, cards, pictures, periodicals, video tapes, disks, films, or other such media, instruments, devices, equipment, paraphernalia, toys and novelties, games, clothing, or other merchandise which are distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified anatomical areas, specified sexual activities, and sexual conduct as those terms are defined in the Kent City Code Section 5.10.030; and WHEREAS, there is a possibility that the City could, in the near future, receive applications for adult retail establishments that would significantly increase the amount of square feet of commercial space characterized by such uses located within the 1 Adult Retail City and, therefore, it is appropriate to review existing regulations relating to these uses; and WHEREAS, a public hearing was held on Tuesday, November 17, 1998, before the Kent City Council, and after considering the matter, the City Council adopted Findings of Fact and continued the moratorium until May 2, 1999; and WHEREAS,pursuant to RCW 35A.63.220, a public hearing was held on April 20, 1999, to consider renewing the moratorium for a six (6) month period, and following the hearing, the City Council extended the moratorium to October 29,1999; and WHEREAS, a number of communities throughout the nation have studied the impacts of adult entertainment establishments, including adult retail establishments, on their surrounding areas; and WHEREAS, since implementing the moratorium, the City Council has had the opportunity to study and review the following reports and research: 1. A Report on Zoning and Other Methods Regulating Adult Entertainment in Amarillo; Amarillo, Texas (September, 1977); 2. A Study on the Need to Regulate the Location of Adult Entertainment Uses; Bellevue, Washington (September, 1987); 3. Adult Entertainment Business in Indianapolis, Indiana(1984); 4. Adult Entertainment Study; City of New York (November, 1994); 5. City of Kent Adult Use Zoning Study; Kent, Washington (November, 1982); 6. Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard; Garden Grove, California; 7. Regulation of Adult Entertainment Establishments in New Hanover County;North Carolina(July, 1989); 2 Adult Retail 8. Relation of Criminal Activity and Adult Businesses; City of Phoenix(May, 1979); 9. Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area; New York, NY (April, 1994); 10. Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, Minnesota(June, 1989); 11. Report on Adult Oriented Businesses in Austin, Austin, Texas (May, 1986); 12. Study & Recommendations for Adult Entertainment Businesses in the Town of Islip; Islip, New York (September, 1980); 13. Study on the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles; Los Angeles, California (June, 1977); 14. Zoning and Adult Amusement; Albuquerque, New Mexico (May, 1995); 15. 40 Acre Study on Adult Entertainment, St. Paul Department of Planning and Economic Development, Division of Planning (1987); 16. Adult Entertainment Material; City of Des Moines (June, 1984); 17. Adult Business Regulation Study; City of Olympia (1996); and WHEREAS, these studies have concluded that adult entertainment businesses, including adult retail establishments, create adverse secondary effects on the surrounding neighborhoods; and WHEREAS, the studies noted above document evidence that adult retail establishments have a detrimental effect on both the existing businesses around them and the surrounding residential areas adjacent to them causing increased crime, the downgrading of quality of life and property values, and the spread of urban blight (see Indianapolis,New York and Garden Grove studies regarding property values); and WHEREAS, the City Council finds that the location of adult retail establishments in close proximity to residential neighborhoods, churches, parks, schools, and libraries will have a negative impact upon the quality of life in the surrounding areas, _ 3 Adult Retail will result in devaluation of property values, and would very likely lead to increased levels of criminal activities, including sex related crimes in the vicinity of such establishments; and WHEREAS,these adverse secondary effects of adult retail establishments on the surrounding area appear to lessen as the distance from the adult retail establishment increases; and WHEREAS, the City Council finds that concerns about adverse secondary effects including sexual activity generated and occurring at or nearby the adult retail establishments are legitimate, substantial, and compelling concerns of the City; and WHEREAS, as a result of research and analysis performed during the moratorium and the City Council findings that adult retail establishments, due to their nature, have adverse secondary effects upon the health, safety and welfare of the citizenry, the Council has determined that code amendments to the Kent City Code are necessary to address such impacts; and WHEREAS, it is the intent of the City Council to protect the general welfare, through the enforcement of laws, to prevent the adverse secondary effects of adult retail establishments while preserving constitutionally protected forms of expression; and WHEREAS, the City Council finds that establishments having a significant or substantial stock-in-trade in adult entertainment material have adverse secondary effects identified in the studies as being detrimental to the citizenry, and WHEREAS, the City Council also finds that existing adult retail establishments in Kent having less than thirty(30)percent of its stock-in-trade in adult 4 Adult Retail i E entertainment material, and not currently zoned as adult entertainment businesses pursuant to Title 15 of the Kent zoning code, do not have negative secondary impacts in the community; and WHEREAS, it is the purpose of this ordinance to regulate the harmful adverse secondary effects of adult retail establishments in order to protect citizens of the City from increased crime; to preserve the quality of life,property values and the aesthetic and general character of neighborhoods and businesses; to deter the spread of urban blight; and to protect the health, safety and general welfare of the citizens of the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS ADOPTED. The recitals set forth above, — including the findings set forth in Ordinances No, 3214 and 3221, are hereby adopted and incorporated herein by reference. SECTION 2. Section 5.10.030 of the Kent City Code is hereby amended as follows: Sec, 5.10.030. Definitions. The following words, terms and phrases,when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. Adult entertainment means any dance, amusement, show, display, merchandise, material, exhibition,pantomime, modeling or any other like performance of any type for the use or benefit of a member or members of the public or advertised for the use or benefit of a member of the public where such is characterized by an emphasis on the peFf "audity," depiction, description or simulation of"specified anatomical areas" as defined herein, or the exhibition of"specified sexual activities," also defined herein, or, in the case of live adult entertainment performances, which emphasizes and seeks to 5 Adult Retail arouse or excite the patron's sexual desires. For the purposes of this chapter, any patron of an adult entertainment business, as defined in this section, shall be deemed a member of the public. B. Adult entertainment business means air any establishment providing adult entertainment as defined herein, including, but not limited to, adult arcade, adult bookstore, adult novelty store, adult video store, adult motion picture theater, and exotic dance studio, more specifically defined as follows: 1. Adult arcade means an commercial establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors, computer generated or enhanced pornography,panorama,peep show, or similar machines, or other image producing machines, for personal viewing, are used to show films,motion pictures, video cassettes, slides, or other photographic reproductions which provides materials for individual viewing by patrons on the premises of the business which are characterized by an emphasis on the depiction,e"escription or simulation of"specified y anatomical areas"aC"auAit� "T or "specified sexual activities." 2. Adult motion picture theater means a commercial establishment where films motion pictures video cassettes, slides, or similar photographic reproductions characterized by an emphasis on the depiction, description or simulation of"specified anatomical areas" or "specified sexual activities" are regularly shown for any form of consideration. trade or revenues, stibst..f.tiel meaning twenty (20) peree..t e fnere, f e fefm eC eensider-atien, b ks magazines, periedieals ,. ether- printed maAer, of phetegraphsi . . of ..e eified sexual vetiyitie,. " it shell be e rel.u#able p «tie.. A.et t,,.e.d.. (20) Pe C business' steel. :... trade ,. feveftmues is eensidered substa^tial 6 Adult Retail 3. Adult retail establishment means any bookstore, adult novelty store, adult _ video store, or other similar commercial establishment, business, service, or portion thereof,which for money or any other form of consideration, provides as a significant or substantial portion of its stock-in-trade the sale, exchange, rental, loan, trade, transfer, and/or provision for viewing or use off the premises of the business adult entertainment material as defined in this section. For pumoses of this provision, it shall be a rebuttable presumption that thirty(30) percent or more of a business' stock-in-trade in adult retail material, based on either the dollar value (wholesale or retail) or the number of titles of such material, is significant or substantial. In determining whether or not the presumption is rebutted,the clerk may consider the following factors, which are not conclusive: a. Whether minors are prohibited from access to the premises of the establishment due to the adult entertainment nature of the inventory; b. Whether the establishment is advertised, marketed, or held out to be an adult merchandising facility; _ C. Whether adult entertainment material is an establishment's primary or one of its princii)al business purposes; or d. Whether thirty(30)percent or more of an establishments revenue is derived from adult entertainment material. An establishment may have other principal business purposes that do not involve the offering for sale or rental of adult entertainment materials "^••ait'," er "speeifiea sexua4 ae fivit e.. " and still be categorized as an adult retail establishment. beeks'er-e aa•n. novelty stele aA-it ,.:age store " Such other business purposes will not serve to exempt such establishments from being categorized as an adult retail establishment beekstere, Wuh nevelty stefe, er adult Videe steFe so long as one (1) of its principal business purposes is offering for sale or rental, for some form of consideration, the specified adult entertainment materials Whieh depiet er aeseribe " The clerk shall have full discretion to give appropriate weight to the factors set _ 7 Adult Retail forth above as well as other factors considered depending on the particular facts and circumstances of each application. 2 Aa miete�ure .r.e tmeans eeffimereial_establishment where ehar-aeterized by 1, A Y tie« or de ^r«tion e f"audity" er "_s r ee:Aed sexual aetiy ties"aFe ,fefm of b J «J ' 4.-3-. Exotic dance studio, also known as "topless bar" and "adult cabaret," means a nightclub, bar, restaurant, or similar commercial establishment, or any premise or facility to which any member of the public is invited or admitted and where an entertainer provides live adult enteftaiwnent performances to any member of the public, which performances are characterized by an emphasis on the depiction, description or simulation of "specified anatomical areas" or "specified sexual activities," or which emphasizes and seeks to arouse or excite the patron's sexual desires. C. Adult entertainment material means any books magazines, cards, pictures, periodicals or other printed matter, or photographs films motion pictures, video tapes, slides or other photographic reproductions or visual representations CD Roms DVDs, disks electronic media or other such media or instruments, devices, equipment, Paraphernalia, toys novelties games clothing or other merchandise or material which are characterized by an emphasis on the depiction description or simulation of"specified anatomical areas" or "specified sexual activities. D. City means the City of Kent, Washington. E. Clerk means such city employees or agents as the mayor shall designate to administer this chapter, or any designee thereof. Unless otherwise designated by the mayor, for purposes relating to decisions under this chapter affecting zoning pursuant to title 15 and the filing of appeals to the hearing examiner as provided for in this chapter, the term clerk shall mean planning director or his or her designee. F. Conviction means an adjudication of conviction of guilt and occurs at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or 8 Adult Retail disposition, post-trial or post-fact finding motions, and appeals. Conviction also means a bail forfeiture. G. Employee means any and all persons, including managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of any adult entertainment business offering adult entertainment, whether or not such person is paid compensation by the operator of said business. H. Entertainer means any person who provides live adult entertainment in an adult entertainment business whether or not an employee of the operator and whether or not a fee is charged or accepted for such entertainment. I. Establish means and include any of the following: 1. To open or commence any adult entertainment business as a new business; or 2. To convert an existing business, whether or not an adult entertainment business, to any adult entertainment businesses defined herein. 3. To add any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or 4. To relocate any such adult entertainment business. J. License means a license to operate, manage or entertain at any premises that is classified as an adult entertainment business. K. Licensed premises means any premises that requires a license and that is classified as an adult entertainment business. L. Licensee means a person in whose name a license to operate, manage or entertain at an adult entertainment business has been issued, as well as the individual listed as an applicant on the application for a license. M. Manager means any person appointed by an owner or operator of an adult entertainment business who manages, directs, administers or is in charge of the affairs and/or the conduct or operation of an adult entertainment business and includes assistant managers. 9 Adult Retail nlediing as to u e to view ma le genitals, female g «Anln pubic nn ,l,..Heeks, anus, r below « mmedi b ately aove the e o n..eene. a uaa) Yvauvaa va the a�-iiyua�.vi�. - h i t « , f l 2. Wearing any ue ice f, Yed to view w heh siffi n n the appearanee of male aucm:r,-xvcaz,nc genitals,Yubav--region,butteeks, of the f male breast below n point immediately above the♦ep of a fealne N. Operator means and includes the owner, permit holder, custodian, manager, operator, or person in charge of, conducting or maintaining an adult entertainment business. O. Panorama or peep show means any device which, upon insertion of a coin or by any other means, exhibits or displays a picture or view by film, video, or by any other means. P. Person means any individual, firm,joint venture,copartnership, association, social club, fraternal organization, corporation, estate, trust, business trust, receive or any other group or combination acting as a unit. Q Specified anatomical areas means: 1. Less than completely and opaquely covered human genitals,pubic reaon, buttocks, anus, or female breast below a point immediately above the top of areolae; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. R. Specified sexual activities means 1. The caressing, touching, fondling or other intentional or erotic touching of male genitals, female genitals, pubic region, buttocks, anus, or female breasts of oneself or of one person by another; or 2. Sex acts, normal or perverted, actual or simulated, including masturbation intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts which are prohibited by law; or 3 Ma.,twbaAiefi; aetttalorsanulated; e 10 Adult Retail 43 Human genitals in a state of sexual stimulation, arousal or tumescence or visual state of sexual stimulation, arousal or tumescence, even if completely and opaquely covered; or 3-4. Excretory functions as part of or in connection with any of the activities set forth in subsections 1 through 43 of this subsection. SECTION 3. Section 5.10.120 of the Kent City Code is hereby amended as follows: Sec. 5.10.120. Standards of conduct and operation applicable to exotic dance studios. A. Standards for patrons, employees and entertainers. The following standards of conduct must be adhered to by patrons, entertainers and/or employees of exotic dance studios at all times adult entertainment is performed. 1. Admission to exotic dance studios under this section shall be restricted to persons of the age of eighteen (18) years or more. 2. All dances, performances, or exhibitions by an entertainer shall occur on the entertainment performance areas intended for that purpose described in section 5.10.110 A. 3. No dances, performances, or exhibitions by an entertainer shall occur closer than ten (10) feet to any patron. 4. No patron shall go into or upon the adult entertainment performance area described in section 5.10.110 A. above while adult entertainment is being performed. 5. No patron, employee or entertainer shall be nude on the premises and no entertainer shall perform adult entertainment as defined in this chapter or otherwise entertain while nude except on the entertainment performance area described in subsection 5.10.110 A. 6. No patron, employee or entertainer shall allow, encourage, or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, pubic area, or genitals of any other person. ` 11 Adult Retail l 7. No patron, employee or entertainer shall allow, encourage, or permit physical contact between an employee or entertainer and any member of the public,which contact is intended to arouse or excite sexual desires. 8. No employee or entertainer shall perform acts in a lewd or obscene fashion or perform acts of or acts which simulate: a. Specified sexual activities as defined in this chapter; or b. The touching, caressing or fondling of the breasts, buttocks or genitals. 9. No entertainer employed or otherwise working at an exotic dance studio shall solicit any gratuity or other payment from a patron or customer. 10. No customer or patron of an adult entertainment business shall directly pay or give any gratuity or other payment to any entertainer. 11. It is unlawful for any entertainer, manager, employee, or wait person to perform more than one (1) such function at an exotic dance studios on the same business day. 12. It is unlawful for any entertainer to use any stage name or nickname not listed in the application for entertainers license. 13. No exotic dance studio licensee shall employ as an entertainer a person under the age of eighteen (18) years or a person not licensed pursuant to this chapter. 14. No exotic dance studio licensee shall service, sell, distribute, or suffer the consumption or possession of any intoxicating liquor or controlled substance upon the premises of the licensee. B. The responsibilities of the manager of an exotic dance studio shall include but are not limited to: 1. A licensed manager shall be on duty at an exotic dance studio at all times adult entertainment is being provided or members of the public are present on the premises. The name and license of the manager shall be prominently posted during business hours. Managers shall be required to verify and ensure that entertainers possess a current and valid entertainer license available for immediate inspection on the premises. 12 Adult Retail 2. The licensed manager on duty shall not be an entertainer. 3. The manager licensed under this chapter shall maintain visual observation of each member of the public at all times any entertainer is present in the public or performance area of the exotic dance studio. Where there is more than one (1) performance area, or the performance area is of such size or configuration that one (1) manager or assistant manager is unable to visually observe, at all times, each adult entertainer, each employee, and each member of the public, a manager or assistant 1 manager licensed under this chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the exotic dance studio. 4. The manager shall be responsible for and shall assure that the actions of members of the public, the adult entertainers and all other employees shall comply with the dress code and conduct set forth in section 5.10.120 and all other requirements of this chapter. C. Violation/penalty. Any violation of the provisions of this section by a patron, owner, operator, manager, or any employee is a misdemeanor as set forth in this chapter. SECTION 4. Section 5.10.140 of the Kent City Code is hereby amended as follows: Sec. 5.10.140. Regulations applicable to Beek stores, novelty stores, video stores and other businesses whether or not qualifying as adult entertainment businesses establishment. A. Book stores, novelty stores, video stores, and other businesses that sell or otherwise distribute books, magazines, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by an emphasis on the depiction, er description or simulation of nudy "specified anatomical areas" or "specified sexual activities,"whether or not such businesses qualify as an adult entertainment establishment pursuant to subsection 5.10.030(B)(31 KCC thader this ehapter and whether or.fie than twenty ismper-eetAof their-steel: ... 'tfad,e or revenues eefaes fFem the_...pAal-i sale 13 Adult Retail k stieh shall be subject to the following regulations: 1. All such items as are described above shall be physically segregated and closed off from other portions of the store so that these items are not visible and/or accessible from other portions of the store where non-adult entertainment material, if any, is displayed, sold or rented. 2. No advertising for such items, shall be posted or otherwise visible, except where such items are authorized for display. 3. Signs readable at a distance of twenty (20) feet shall be posted at the entrance to the business or the area where such items are displayed stating that persons under the age of eighteen (18) are not allowed access to the area where such items are displayed. 4. The manager or attendant shall take responsible steps to monitor the area where such items are displayed to insure that persons under eighteen(18)years of age do not access the age-restricted area. 5. Employees of such businesses shall check identification of persons appearing to be eighteen(18) or under to insure that such items are not rented or sold to persons under the age of eighteen (18). B. Rental or sale of obscene material (as defined by state law) or material harmful to minors (as defined by state law) to persons under eighteen (18) years of age is prohibited. C. Violationlpenalty. Any violation of the provisions of this subsection by an owner, operator, manager, or employee of an adult entertainment business is a misdemeanor as set forth in this chapter. SECTION 5. Section 5.10.200(C) of the Kent City Code is hereby amended as follows: C. Notice. The clerk shall provide at least ten (10) days prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the hearing examiner and shall state the 14 Adult Retail effective date of such revocation or suspension and the grounds for revocation or suspension. Such appeal shall be filed with the clerk within ten(10) days of said notice and shall be processed pursuant to the hearing procedures set forth in chapter 2.32 of the Kent City Code. The hearing examiner shall set a date for hearing such appeal, to take place within forty-five (45) days of the date of receipt of the notice of appeal unless such time is extended by mutual consent. At such hearing the appellant and other interested persons may appear and be heard, subject to rules and regulations of the hearing examiner. The decision of the clerk shall be stayed during the pendency of any appeal to the hearing examiner and during any judicial appeal. SECTION 6. Section 15.02.006 of the Kent City Code is hereby amended as follows: See. 15.02.""�mt bOOkStere—Adult—beek9tere—means-a eefpAnereial ether pefiedieals distinpished or ehafaeterized by an emphasis en Enatte depietina a Queh an establ;si ffneat is .ste.,.arily..esnpen to the publie generally but enly to e (1) a Riere elasses of the publicve xeludi.g fn s by N4 a of age rt shall be a rebtmable p ptin« that twefAy (20) p ent of a business's stnek in t.ade is eensidefed substantial Sec. 15.02.006, Adult entertainment. Adult entertainment means any dance, amusement, show, display, merchandise, material, exhibition, pantomime, modeling or any other like performance of any type, for the use or benefit of a member or members of the public or advertised for the use or benefit of a member of the public where such is characterized by an emphasis on the depiction, description or simulation of"specified anatomical areas." as defined in this chapter, or the exhibition of "specified sexual activities." also as defined in this chapter, or, in the case of live adult entertainment performances, which emphasizes and seeks to arouse or excite the patron's sexual desires. Anv patron of an adult entertainment business, as defined in section 15.02.007 _ 15 Adult Retail KCC, shall be deemed a member of the public. SECTION 7. Section 15.02.007 of the Kent City Code is hereby amended as follows: See. 15.02.007. Adult motion pietur-e theatre. Ai aduk miehen jqie�ure Meatre en matte_ aepieting ae..eribing ,. relating to sek eed sexual activities e ei flea theatfes er struetufes whieh present sknilar films,mevies E)f other vistial media depietkat, b n b patrons. Sec. 15.02.007 Adult entertainment business. Adult entertainment business means any establishment providing adult entertainment as defined in section 15.02.006 KCC, including, but not limited to, adult arcade, adult bookstore, adult novelty store, adult video store, adult motion picture theater, and exotic dance studio, more specifically defined as follows: A. Adult arcade means a commercial establishment where, for any form of consideration, one (1) or more still or motion picture proiectors, slide projectors, computer generated or enhanced pomo=phy, panorama,peep show, or similar machines, or other image producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which provides materials for individual viewing by patrons on the premises of the business which are characterized by an emphasis on the depiction, description or simulation of"specified anatomical areas" or"specified sexual activities." B. Adult motion picture theater means a commercial establishment where fihns, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by an emphasis on the depiction, description, or simulation of"specified anatomical areas" or "specified sexual activities" are regularly shown for any form of 16 Adult Retail consideration. _ C. Adult retail establishment means any bookstore, adult novelty store, adult video store, or other similar commercial establishment, business, service, or portion thereof, which for money or any other form of consideration, provides as a significant or substantial portion of its stock-in-trade the sale, exchange, rental, loan, trade, transfer, and/or provision for viewing or use off the premises of adult entertainment material as defined in this chater. For purposes of this provision, it shall be a rebuttable presumption that thirty(30) percent or more of a business' stock-in-trade in adult retail material, based on either the dollar value (wholesale or retail) or the number of titles of such material, is significant or substantial. In determining whether or not the presumption is rebutted, the clerk may consider the following factors, which are not conclusive: 1. Whether minors are prohibited from access to the premises of the establishment due to the adult entertaimnent nature of the inventory: 2. Whether the establishment is advertised, marketed, or held out to be an adult merchandising facility: 3. Whether adult entertainment material is an establishment's primary or one of its principal business purposes: or 4. Whether thirty (30) percent or more of an establishments revenue is derived from adult entertainment material. An establishment may have other principal business purposes that do not involve the offering for sale or rental of adult entertainment materials and still be categorized as an adult retail establishment. Such other business purposes will not serve to exempt such establishments from being categorized as an adult retail establishment so long as one (1) of its principal business purposes is offering for sale or rental, for some form of consideration, the specified adult entertainment materials." The clerk shall have full discretion to give appropriate weight to the factors set forth above as well as other factors considered depending on the particular facts and circumstances of each application. 17 Adult Retail D.- Exotic dance studio also known as "toeless bar" and "adult cabaret." means a nightclub bar, restaurant or similar commercial establishment, or any premise or facility to which any member of the public is invited or admitted and where an entertainer provides live performances to any member of the public, which performances are characterized by an emphasis on the depiction description or simulation of"specified anatomical areas" or "specified sexual activities," or which emphasizes and seeks to arouse or excite the patron's sexual desires. SECTION 8. Section 15.02.008 of the Kent City Code is hereby amended as follows: Sec. 15.02.008. Adult uses. Adult uses means and includes shall inehide adult theatres,mation a.,,t drive theet.en ad It beekst, an any adult pietufe entertainment business as defined by section 15.02.007 KCC and regulated pursuant to Chapter 5.10 KCC. SECTION 9. Section 15.02.009 of the Kent City Code is hereby amended as follows: Sec. 15.02.009. Adult entertainment materialestahlishmeet. Adult entertainment material An a / eateftaip.. en4 esta list neW means any books, magazines cards pictures periodicals or other printed matter, or photographs films motion pictures video tapes slides or other photographic reproductions or visual representations CD Roms DVDs disks electronic media, or other such media, or instruments devices equipment paraphemalia toys novelties games clothing or other merchandise or material which are characterized by an emphasis on the depiction, description or simulation of "specified anatomical areas" or "specified sexual activities. aperatieft that involves an exhibition or- . anee pn that by n is distinguished a ,, .l by an emphasis a that depinto, .7ispi",s a relates to s -:fied _ semaal aetivities err 18 Adult Retail t c 0 cnz Suss. ..., establishment ,..,steniaFily exel„des pe^..ens t_.,..:.t a efage c. in all SECTION 10. Section 15.02.502 of the Kent City Code is hereby amended as follows: Sec. 15.02.502. Specified anatomical areas. Specified anatomical areas means: A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or and female breast below a point immediately above the top of the areolae; and-or B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. SECTION 11. Section 15.02.503 of the Kent City Code is hereby amended as follows: Sec. 15.02.503. Specified sexual activities. Specified sexual activities means: A. Human genitals in a state of semaal stinnilatien or aFeusal. C. Fondling or ether erefie teashing of hiaman genitals, pubie region, Inme female A. The caressing, touching, fondling or other intentional or erotic touching of male genitals, female genitals,pubic region,buttocks, anus, or female breasts of oneself or of one Verson by another; or B. Sex acts, normal or perverted, actual or simulated, including masturbation, intercourse, oral copulation, flagellation, sodomy,bestiality, or any sexual acts which are prohibited by law; or C. Human genitals in a state of sexual stimulation, arousal or tumescence or visual state of sexual stimulation, arousal or tumescence, even if comRletely and opaquely covered; or D. Excretory functions as part of or in connection with any of the activities set forth 19 Adult Retail in A throueh C of this section. SECTION 12. Termination of Moratorium. The moratorium on the acceptance of applications for and the issuance of any license, permit, or approval for adult retail establishments set forth in Resolution Nos. 1520, 1521 and 1534, and any further renewals thereof, shall terminate on the effective date of this ordinance SECTION 13. Non-conforming Use. Any adult retail establishment in existence as of November 3, 1998, the effective date of the moratorium set forth in Resolutions Nos. 1520, 1521 and 1534, and any further renewals thereof, shall be deemed a legal non-conforming use to the extent the zoning code amendments set forth in this ordinance would prohibit said establishment from being located in its existing site due to the zoning of the establishment. SECTION 14. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 15. -Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after the date of passage and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 20 Adult Retail APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of , 1999. APPROVED: day of , 1999. PUBLISHED: day of , 1999. I hereby certify that this is a true copy of Ordinance No. ,passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P\CiNMrdiemce�adWQ,&c 21 Adult Retail Kent City Council Meeting Date October 5 , 1999 Category Other Business 1 . SUBJECT: CITY CODE ORDINANCE - FIRST READING AND SET HEARING DATE 2 . SUMMARY STATEMENT: This is the first reading of the proposed ordinance adopting the Kent City Code as compiled, edited and republished by Code Publishing Company of Seattle, Washington, as the official code of the City of Kent . Council is asked to set October 19 , 1999 , as the hearing date for the proposed ordinance. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: //'' -� � Councilmember�moves, Councilmember 0- � &—fseconds to schedule a public hearing on this matter for October 19, 1999 . //'nn __ � ' / n Q �p �n DISCUSSION:_(�Jw X/Y/Gl�&O k m—L l� Y�ilJwt " U'A af';L ACTION: C-- Council Agenda Item No. 7C ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, adopting the Kent City Code as compiled, edited and republished by Code Publishing Company of Seattle, Washington as the official code of the City of Kent. WHEREAS, Ordinance No. 2695 constituted a codification of the ordinances of the City of Kent, Washington, and publication thereof in a volume entitled "Kent City Code"; and WHEREAS, The Kent City Code was republished by Municipal Code Corporation and adopted pursuant to Ordinance No. 3080; and WHEREAS, it is the desire of the City of Kent to continue with the present codification of the City's ordinances and to change the publication company from Municipal Code Corporation to Code Publishing Company, without effecting any significant change other than in the format and availability of the Kent City Code, which will be in a written published format as well as in an electronic format available on computer diskette; NOW THEREFORE, 1 Adoption of Code (published Sept., 1999,by Code PublishingCompany) THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 3080 is hereby repealed in its entirety. SECTION 2. — Code Adopted. The "Kent City Code," also referred to herein as "Code," as compiled, edited and republished by Code Publishing Company of Seattle, Washington, is hereby adopted as the official code of the City of Kent, Washington. In the event of any conflict or inconsistent language between this Code and any ordinance in effect prior to the effective date of this Code as adopted herein, the language of this Code shall prevail and the language of the prior enacted ordinance shall be deemed amended or repealed to the extent of such inconsistency or conflict. SECTION 3. Section 1.01.020 of the Kent City Code shall be, and is hereby, amended to read as follows: - Sec. 1.01.020 Adoption of code. The eedific tier e fthe ard-ina;;se A fthe Qt. of Kent ef a-Pursuant to the provisions of RCW 35.21.500 through 35.21.570, there is adopted the "Kent City Code," the official codification of all general, public and of permanent ordinances of the City of Kent, Washington, as compiled, edited and published by Code Publishing Company, Seattle, Washin on. a printed eopy thereefen file in the effiee efthe eity elerk et4itled "KeFA City Cede," and the same is hereby depted ..s the eff,eial Cede of the City of veat as previded by RCW 35 2 cnn 35.2i.570. SECTION 4. — Title-Citation-Reference. This Code shall be known as the "Kent City Code" and it shall be sufficient to refer to said Code as the"Kent City Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance adding to, amending, 2 Adoption of Code (published Sept., 1999, by Code PublishingCompany) correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction of, or repeal of the"Kent City Code." Further reference may be had to the titles, chapters, sections and subsections of the"Kent City Code" and such reference shall apply to that numbered title, chapter, section or subsection as it appears in that Code. The references and editor's notes appearing throughout the Code are not intended to have any legal effect, but are merely intended to assist the user of the Code. The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section. SECTION 5. —Reference Applies to Amendments. Whenever a reference is made to the "Kent City Code" or any portion thereof, that reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. SECTION 6. — Codification Authoritv. This Code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances codified pursuant to RCW 35.21.500 through RCW 35.21.570, inclusive. SECTION 7. —Reservation of Prosecutions. The adoption of this Code shall not affect any prosecution for violations of ordinances, which violations were committed prior to the effective date of the adoption of the Code, nor shall the adoption of the Code be construed as a waiver of any license, fee, or penalty due and owing at the effective date of the Code adoption, nor shall adoption affect the validity of any bond or cash deposited with the City pursuant to the terms of any prior enacted ordinance; but rather, all rights and obligations pertaining under ordinances in effect prior to republication of the code shall remain in full force and effect. SECTION 8. —Severability. If any section, subsection, clause or phrase o this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The City declares that it would 3 Adoption of Code (published Sept.,1999,by Code PublishingCompany) have enacted this Code, and each section, subsections, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional. SECTION 9. This ordinance shall become effective thirty(30) days after its final passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY PASSED: day of ' 1999. APPROVED: day of ' 1999. PUBLISHED: day of , 1999. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAT) BRENDA JACOBER, CITY CLERK P-\CiWf\Ord�n \ tlopiCo -I999.Eoc 4 Adoption of Code (published Sept, 1999,by Code PublishingCompany) Kent City Council Meeting Date October 5 , 1999 Category Bids 1 . SUBJECT: EAST HILL PARK EXPANSION 2 . SUMMARY STATEMENT: The bid opening for this project was held on September 24th with 13 bids received. The low bidder was Fuji Industries, Inc . in the amount of $743 , 600 . 00 , plus Washington State Sales Tax. The Engineer ' s estimate was $850, 000 . 00 . The Parks Director recommends entering into an agreement with Fuji Industries, Inc . in the amount of $743 , 600 . 00 , plus WSST for the East Hill Park Expansion Project base bid and alternate #1 . 3 . EXHIBITS: Bid tab 4 . RECOMMENDED B : Staff and Parks Committee (Committee, taff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISC PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIR D: $743 , 600 . 00 . plus WSST SOURCE OF FUNDS : I C R.E .E .T. and C. I . P. 7 . CITY COUNCIL ACTION: Councilmember_0 k) oves, Councilmember _seconds that the East Hill Park Expansion project be awarded to Fuji Industries, Inc . for the bid amount of $743 , 600 . 00 , plus Washington State Sales Tax. DISCUSSION: ACTION: Council Agenda Item No. SA BID TABULATION FORM KENT PARKS AND RECREATION DEPARTMENT KENT, WASHINGTON PROJECT: East Hill Park Expansion LOCATION: 10600 SE 248t' Street BIDS DUE: September 24, 1999 BIDS OPENED: 10:15 a.m. BIDDER: ADD. 1. Fuji Industries, Inc. $735,500.00 $8,100.00 Milton, WA 2. T. F. Sahli Construction $774,480.00 , $8,840.00 Seahurst, WA 3. Golf Landscaping Inc. $783,000.00 , $6,000.00 Milton, WA 4. Precision Earthworks, Inc. $794,700.00 v % $12,600.00 Lynnwood, WA 5. Taggart Construction Inc. $822,000.00 v % $33,464.00 Snohomish, WA 6. Southworth & Sons, Inc. $823,730.00 $23,526.00 — Enumclaw, WA 7. Hisey Construction, Inc. $858,000.00 $6,100.00 Bainbridge Island, WA 8. Robison Construction, Inc. $925,845.00 $14,800.00 Sumner, WA 9. Pivetta Brothers Construction Inc. $956,775.00 $24,750.00 Sumner, WA 10. OHNO Construction Company $978,570.00 $9,905.00 Seattle, WA 11. Engberg Construction Inc. $1,010,000.00 $13,860.00 Enumclaw, WA 12. Shear Transport Inc. $1,025,000.00 $4,500.00 Buckley, WA 13. Lloyd Enterprises, Inc. $1,195,000.00 $12,700.00 Federal Way, WA ENGINEER'S ESTIMATE: $ 850,000.00 REPORTS FROM STANDING COMMITTEESS AND STAFFFF� �J A. COUNCIL PRESIDENT ��N� �=1 C U4 G�✓✓ �� B. OPERATIONS COMMITTEE 3 30 C. PUBLIC SAFETY COMMITTEE Oct I� D. PUBLIC WORKS/PLANNING COMMITTEE E. PARKS COMMITTEE �C j� F. ADMINISTRATIVE REPORTS C F YL e iY'✓� Q h_ I "�r� OPERATIONS COMMITTEE MINUTES August 17, 1999 COMMITTEE MEMBERS PRESENT: Chair Judy Woods, Sandy Amodt, Tim Clark STAFF PRESENT: May Miller, Dena Laurent, Roger Lubovich, Mayor White, Jackie Bicknell The meeting was called to order by Chair Judy Woods at 3:30PM. Approval of Minutes of August 3. 1999 Committee Member Tim Clark moved to approve the minutes of the August 3, 1999. The motion was seconded by Committee Member Sandy Amodt and carried 3-0. Approval of the Combined Check-Detail Vouchers dated Aueust 16, 1999 Finance Director May Miller presented the combined check-detail vouchers dated August 16, 1999. Sandy Amodt moved to approve the vouchers for$3,867,982.14. Tim Clark seconded the motion and it carried 3-0. Second Ouarter Downtown Partnership Report Linda Johnson, Executive Director, Kent Downtown Partnership, presented the Second Quarter Downtown Partnership Report. Ms. Johnson said that things are going quite well in downtown Kent. There are a lot of new property owners, which is challenging because that presents a whole new group of people to work with in looking at public and private improvements to properties. The Partnership has been working with the people who own the Odd Fellows Building over the last couple of years and have seen a new roof and windows put into that property. However, the gentleman who had been handling the property passed away and now the Partnership has to foster a whole new relationship with the person who will be in charge of that non-profit organization. The Partnership has also been working with the new owner of the property on the comer of Second Avenue and Meeker. Painting and new awning bids have been received and the owner is going to put in new carpeting and refurbish the whole comer space so it will be available for rent. The Bakery on the comer of 1" Avenue and Gowe Street should be open by the end of September. The Public Market is about three weeks behind schedule which puts the grand opening in mid October. There are 20 letters of intent from 29 tenants and it is anticipated that 20-22 will sign permanent leases. The meat market lease has been secured and other vendors who will be selling vegetables, milk, wine, candy, spices,jams,jellies, chutneys, espresso, popcorn, and shaved ice. The Catfish Comer restaurant that has been part of Cornucopia is getting its tenant improvements done. A cash register and accounting system have been donated from Thompson Merchandising Supply. There is availability for about 10 to 12 walk-on daily spaces in the market. The market will be closed on Mondays and Tuesday s but open the rest of the week from 9:00 AM until 4:00 PM daily. The grand opening will cover three days,Friday, Saturday, and Sunday and will probably be geared to be like an Octoberfest celebration. The sidewalk project on Railroad Avenue has been postponed because of all the other major projects that are going on. The Sidewalk Chalk Festival is this weekend, August 21", and there should be a couple hundred kids drawing on the sidewalks. IOperations Committee Minutes, 8/17/99 2 The first page of the packet information shows the matching of in-kind donors and the actual cash that came into the Partnership. Page two shows a partial list of contributors for this year. Page three details the Revitalization Program statistics where the Kent community is compared to the other active communities in the Washington State Program. The Partnership keeps track of business relocations and expansions within the area, the number of jobs created, number of rehabs in buildings, private investment in the downtown, and the number of business closures. There have been 164 new businesses open in the downtown since October, 1993, and 19 businesses have expanded in their locations in the downtown. The net number of new jobs that have occurred in the private sector in downtown is 673, and the most current statistics for private reinvestment is S40 million. Kent has created more new jobs within the downtown and had less failure than any of the other districts. Public reinvestment is very, very high because of the Justice Center. The Partnership's draft Action Plan shows projects for the next year. The Plan has not been approved by the Board of Directors yet, but the anticipation is that there will be very few changes. The state has finished an evaluation on Kent's program and many of the recommendations they suggested have been incorporated into the Action Plan. The state asks a lot of questions and their evaluation is beneficial. The report states that the partnership between the City and other organizations in the community have been key to making things happen. Ms. Johnson said she was very pleased with the results of the study. Overall, the situation for the Partnership is very stressful because of the new Market venture, but there are a lot of people working very hard to make sure things get done. Ms. Johnson said she has not been successful in finding a candidate to be the business manager for the market facility. The position has been advertised a couple of times with just six resumes received. Tim Clark asked if tiles were still available for sale. Ms. Johnson said tiles are still available and selling will continue. About 40 of the S500 business tiles have been sold and 160 family and business tiles are ready to be placed on the building before opening day. An individual name tile costs S50; a family tile of 3 lines, 16 characters per line, costs $75; a 6x6 inch business tile with just the business name costs S100; and a 12x12 inch corporate size with company logo engraved is $500. Sandy Amodt asked why Kent had the second lowest actual dollar investment amount versus number of new employees of all the cities in the Washington State Downtown Revitalization Program. Ms. Johnson said the $167 million includes the Regional Justice Center's investment in the downtown, the public investment such as sidewalks and street trees, and all the other things that have happened since 1993. Ms. Johnson did not know why Kent has done so well. The state and national programs look at dollars invested by dividing the dollar number of private reinvestment in the downtown into the money that the city invests in the downtown program. Ms. Johnson related the success story of Bob Beavers, owner of the Children's Book Store. Mr. Beavers just opened his 4`h location in Puyallup. He also has a store in Lynnwood, one in Bellevue and his home based store in downtown Kent. Mr. Beavers is one of the relocation and expansion successes that is seen in the statistics. Relocations happen because businesses outgrow the space that is available and there isn't any other space in the downtown district to put them into. Puget Power moved out of the Centennial Building when they did their reconsolidating. Those numbers would have shown as a relocation out of the downtown district, however Puget Power is still in the Kent community. Operations Committee Minutes, 8/17/99 3 Sometimes small entrepreneurs retire and close their businesses rather than sell them. A start up business, if it is well capitalized and makes it through the third year is a fairly stable business. The Kent Downtown Partnership has been really beneficial in helping many businesses when they've had problems. Specialists were brought in last year to help with retail displays and figuring out dollars per square foot for inventory levels. The 42 businesses that have been lost in the downtown area were lost mostly due to outgrowing and retirement. There are also the true failures that open their doors and are closed within six months. Those have to be counted in and then counted out. Any business that may be considering moving to Kent can call the Kent Downtown Partnership office at 253-813-6976 for more information. June Financial Report. Finance Director May Miller brought the June half-year Financial Report. At the last Council meeting, budget changes were approved and additional revenue and additional expenditures added. Those changes are not shown in the graphs yet because the report is done for the month the Council actually approves the changes. As of the end of June, revenue was right on budget with the report showing just $235,000 over budget which is less than 1% of the total. Last year at this same time the City was about 5'/x % over budget. Overall revenue is about a million dollars down from where it was at the same time last year. At this point, Property Taxes are very stable with a 98-99% collection rate. Liens are put on properties if the taxes aren't paid and the trend has always been to collect property taxes. The Sales Tax is the one area that's accounting for the big change. In tracking sales tax revenue for 10 high tech businesses, a drastic decline can be seen. Although the decline was anticipated, sales tax is declining at a faster rate than expected. In 1998, $1,700,000 was received from one-time-only sales taxes. This year the amount is about $410,000, and excess sales tax from other businesses isn't coming in. The majority of the sales tax in Kent is from wholesale and manufacturing activity which can come in monthly, quarterly, or annually, so it's not known how much might be sales tax exempted, but there is definitely a trend downwards. The exemption is on manufacturing equipment that is 51% or more used for manufacturing. Internet sales could also be affecting sales tax. The graph on page 4 of the packet information shows that Property Taxes are right on budget. The page 5 graph shows Sales Tax trends and how much over or under budget they are. Ms. Miller said that even with the one-time-only event, Sales Tax is still right on budget. The Utility Tax on page 6 is up a bit and that's fairly equally divided between electricity, gas, garbage and the telephone. Because there was a big one-time-only refund there is actually a decrease this year in the telephone part. The Building Permit activity shown on page 8 was very high in January and February,but has since declined. It's still over budget about $127,000. The Rucker Study projected revenue by using the January, February, and March figures, but revenue has leveled off since then and those figures compared with actual will show that Building Permit activity is under budget. Recreation Fees are over budget by $31,000 but that has almost no affect on the overall budget. Fines and Forfeitures from Court, which were used to staff a position, is showing over budget. When the position is added in, it will be close to budget. The bottom line for the General Fund shows that there is about 2 million dollars to start next year with. However, that figure is down one million from what it usually is at this time of year. Tim Clark asked about the cost allocation on page 12 under the General Fund Analysis that shows roughly$4 million which is the exact difference in revenues and expenditures. Ms. Miller gave an Operations Committee Minutes, 8/17/99 4 example that engineering staff work in the General Fund may be billed out to projects, but if the City is not at 100% of staff, which it rarely is, then the figures will show some money saved on salaries. All positions are budgeted for 12 full months and there is always some level of vacancies. This year with the tight job market there are even more vacancies because it's difficult to fill special technical positions like computer analysts,planners, and engineers. The Capital Improvement Fund figures are shown on pages 13 and 14. Revenue shows the same decrease in sales tax for that fund but because a lot of property has sold, the real estate excise tax is making up for it. The year will end with about $700,000 extra between the `/4% that goes to Parks and the %4 % that goes into the General CIP Fund. However, that's also a one-time-event occurrence. The golf course revenue is shown on page 11 and is still running 16-17% under budget. Everything looks down including the driving range, food, and green fees. Sandy Amodt asked when the equipment and staff changes would be reflected in the numbers. May Miller responded that operating expenditures are already running under budget. This time of the year they are usually slightly over budget because of the purchase of sand and other supplies. Other changes like equipment rental won't go into place until January. Ms. Miller cautioned that the City needs to continue to take a conservative approach. It will be a tight year for putting the budget together for the Year 2000 because of the effects of all the different things combined, especially without starting with the sales tax boom that's usually there going into the new year. Every time a new contract comes to Council those new figures are put in the budget and become part of the base line. The July report will be changed quite a bit from the June report because all the new changes will be included. Initiative 695, if it passes, will have some very important effects on the 2000 budget. The meeting was adjourned at 4:12PM. Jackie Bicknell City Council Secretary PARKS COMMITTEE MINUTES August 17, 1999 COMMITTEE MEMBERS PRESENT: Chair Judy Woods, Connie Epperly, Rico Yingling STAFF PRESENT: Lori Hogan, Lori Flemm, John Hodgson, Mayor White, Leona Orr, Dena Laurent, Tom Brotherton, Jackie Bicknell, Tom Brubaker, Tim Clark PUBLIC PRESENT: Linda Johnson, David Lee, Bill Dugovich, Don Campbell, Christine Weed, Chris Miller The meeting was called to order by Chair Judy Woods at 4:30PM. Approval of Minutes of June 15, 1999 Committee Member Connie Epperly moved to approve the minutes of June 15, 1999. The motion was seconded by Committee Member Rico Yingling and carried 3-0. Kent Civic & Performing Arts Center Business Plan Report The Kent Civic and Performing Arts Center Business Plan Report was brought by Parks Director John Hodgson. A business plan was created for the Civic and Performing Arts Center about four years ago. In January of this year, the City of Kent began working with two consultants on the business plan to downsize the facility by eliminating the civic center portion of the building while still retaining some civic uses and benefits. Mr. Hodgson introduced Christine Weed and Chris Miller who have worked on the plan for the last 7 or 8 months. They have worked closely with the Board and have researched what other facilities of like nature are doing in the Northwest. The Business Plan shows what a typical year or three-year business operation would look like, what it would mean to the community, and what the true costs would be. Christine Weed passed out copies of the Kent Civic and Performing Arts Center Business Plan. She thanked the City of Kent for supporting and funding the effort and said it was very progressive for a City to see the need for the business planning effort. The plan details what operations will be like, how the facility will be managed, what benefits will be provided to the community, what it will cost to run the facility, and funding resources. The executive summary was presented as an overview of the plan as the complete document is 58 pages long and includes details and backup materials. Ms. Weed said all planning is a dynamic process and it is to be expected that there will be changes to this plan. The Board and the City are encouraged to keep updating the document so that it remains a useful tool. In putting the project together, the consultants took the Civic and Performing Arts Center Board through a strategic planning process, looking at the mission and goals, and developing strategies that were sensitive to both the opportunities and challenges in the environment and also the strengths and weaknesses of the organization. Local, regional and national Performing Arts Centers were looked at with the goal of trying to find the best practices, what worked and what didn't. What didn't work was as important as what did work so that the pitfalls of others could be avoided. _ An enormous amount of support was received from Kent and other communities enabling the consultants to gather a vast amount of information. Detailed interviews were held with four regional performing arts centers in Kirkland, Tacoma, Olympia and Everett. Those centers served as benchmarking organizations for the study. Cost and resource estimates were compared with actual costs for those facilities. Hebert Research was asked to do a market survey on the community to see what its wants and needs are regarding a performing arts center. The information received enabled Parks Committee, 8/17/99 2 the Board to make decisions about what would work best in Kent and to tailor the plan to the community. The mission of the Kent Civic and Performing Arts Center, a non-profit corporation working in partnership with the City of Kent, is to provide high-quality, diverse performing arts and entertainment events that support and enrich the cultural, educational, civic, and economic life of the City and the region. The Kent Civic and Performing Arts Center will: • Wage a successful capital campaign to obtain the funds needed to build the Kent Civic and Performing Arts Center, develop community ownership, and cultivate ongoing financial support. • Build an attractive, state-of-the-art facility to accommodate regional and national touring artists serve as a civic and cultural resource and provide a gathering place for the community. • Serve as a catalyst for downtown revitalization. • Play a major role in enhancing the image of Kent; provide and support high-quality, diverse programming that will inform, educate, and entertain audiences. • Ensure that resident within the greater Kent community have access to performing arts events and entertainment • Operate the facility in a professional manner, with an eamed/contributed income ratio consistent with the not-for-profit-arts-presenting industry, with balanced budgets and no accumulated _ deficit. • Continue to strengthen the Kent Civic and Performing Arts Center Board to provide governance, oversight, and financial support for the organization. The facility will be located at the corner of 2"d Avenue and West Smith Street, adjacent to the proposed Sound Transit parking garage and across the street from the Kent Library. The conceptual design was created by Bumgardner Architects. It includes a 600 seat proscenium theater and a 125 seat"black box" or multiform theater which can have 125 seats and a stage or be completely open and configured in a variety of ways for a multitude of civic and business purposes. The property and facility will be owned by the City of Kent and the City will maintain the building exterior, the major systems such as heating, ventilation, air conditioning and elevator systems and will contract with the private, not-For-profit Kent Civic and Performing Arts Center Board to manage the facility. The market analysis survey shows who would use and benefit from the facility. The target market is the City of Kent with secondary markets the cities of Renton, Tukwila, Burien, SeaTac, Des Moines, Federal Way, Auburn, and Covington. Kent is the fastest growing city in South King County and is projected to have a population of more than 100,000 by the time the facility opens. In addition, there currently is a very healthy and expanding business climate. Both of those factors are critical to the business of the Performing Arts Center. The market survey completed by Hebert Research indicates a strong community interest in the performing arts. Residents are currently attending performing arts locally and in the greater Puget Sound area and would be willing to attend three or more events in Kent if the Kent Civic and Performing Arts Center were built. There is also well documented need for space for business meetings and trade show events. Many different types of performing arts facilities already exist in South King County, but the size, location and mission of the Kent Civic and Performing Arts Center would distinguish it from the competition. The facility will be small enough for use by community arts groups and yet big enough Parks Committee, 8/17/99 3 to showcase national touring artists. Also, the location of the proposed Center in downtown Kent will ensure its contribution to the community and to economic development. It will be the only professional presenting organization in South King County and will be professionally managed and staffed. The Performing Arts Center will face several initial challenges. Experience says that audiences are typically willing to pay more to attend a performance in Seattle and some may think home community performances shouldn't cost as much as something in Seattle. People also look for name talent and recognizable artists. That could create a challenge because the new center is not large enough for some kinds of programming. Part of the challenge will be to educate the community about price and what it costs to run and maintain the facility, and to cultivate trust for expecting a very positive and rewarding performance experience. Fortunately the Kent Arts Commission has done a wonderful job of cultivating and educating the community, and many of the artists that the Arts Commission has brought over the years are the same quality of artists that will be presented in the Performing Arts Center. Another important aspect is that the Performing Arts Center needs to be part of the community and to have effective communication and feedback in developing and evaluating programs and services so that it is viewed as and used as a community facility. That ownership is critical to long term success. The facility will have a full service ticket office that will sell by mail or phone, and will also provide tickets for other ticketed events in the facility. Corporate sponsorships will be sought as a way of -- keeping ticket prices low and trying to increase access for all members of the community. It is critical to the board that the facility offer programs and services for everyone, both in terms of entertainment and the arts and also of having meeting and celebrating space. There are over 60 major arts organizations in the greater Seattle area, many of which should be interested in having a second stage in Kent. The typical season will include theater, music, children's and family programming, ethnic music, and dance. Programming will offer educational opportunities for all ages, with special attention given to enrichment experiences for children and families. The Kent Civic and Performing Arts Center will be a resource for the entire community. Competitively priced rental opportunities will encourage local and community arts groups to use the rehearsal and performance space. Businesses will rent the facility for meetings, seminars and trade shows, and individuals will rent to celebrate weddings, retirements, and graduations. Two large lobby areas will be available and appropriate for that kind of rental. The Center is a 501(C)3 not-for-profit arts organization and has a volunteer board comprised of community civic and business leaders. Day to day operations of the facility will be managed by a professional staff, including an executive director along with fund raising, marketing and technical theater professionals. Cost calculations are about $1.2 million to tun the facility for the first year, with about 50% of that or$619,000 in revenue projected to come from ticket sales and rentals. Raising contributed income will be essential, not only in the first year but every year. Projections are that $361,500 will be raised from individuals, corporations, foundations, government, special events, and in-kind services and materials. It will be essential to build a base of community support with the capital campaign for successful fund raising efforts in years to come. In addition to earned income and successful private fund raising efforts, the plan proposes a partnership with the City of Kent for additional operating funds of approximately $200,000. Possible sources for additional City revenue include hotel/motel funds, endowment, admissions tax, allocations from the general fund, and direct payment of staff salaries. This recommendation is based on what other communities are doing and what the precedents are for private/public partnerships. Parks Committee, 8/17/99 4 The Kent Civic and Performing Arts Center will benefit the community in many ways. Not only will it offer a home for the performing arts that will inspire and enlighten the community, but it will ensure that those arts are accessible to residents and will engage residents in the artistic process. The facility will provide a gathering place for the community and will be an exciting destination and community focal point which will provide opportunity for a significant economic benefit. A recent study done by the Corporate Council for the Arts in Seattle computed that people who attend arts events spend a little more than a dollar for every dollar of ticket purchase price on related kinds of activities. Kent doesn't have the amenities that Seattle has, but the potential is there and if a dollar for every dollar spent on tickets was received, an additional $270,000 of new revenue would come into the city as a result of the Center. Chris Miller said approximately $1.2 million dollars was projected in operating expense for the first year of operations with incremental increases over the first three years of operations. The expenses break down into two broad categories. Fixed expenses are independent of the level of production of the arts organization and cover personnel expenses, administrative operations, fund raising expenses, facility operations, and some miscellaneous expenses. The variable or program expenses are those which relate to the three basic programs of stage performances. One type of programming would be to book regional or national touring artists for presentations both in the main stage 600 seat theater and the small theater, and pay the artists a fixed fee. The theater would get all of the revenue from those presentation in terms of ticket sales. The next type of programming would be rental of the facility for local arts organizations. They would pay the facility a flat rental fee and then keep the income from ticket sales. The third type of programming is a hybrid of those two where a co- production arrangement would share the risks and revenues of the presentation between the artist and the organization. Variable expenses are projected to be about $435,000 in the first year. They also cover the salaries for technical personnel and equipment needed for productions, marketing and box office expenses, and concession operations. The revenue side includes earned income from ticket sales, rental fees, and box office and concession revenue. That's projected to be about $620,000 in the first year. Contributed income makes up the balance of the projected revenue. The current model does not project any operating subsidy from the City of Kent except for direct payment of expenses for major maintenance of the exterior of the facility and grounds. The broader issue of level of subsidy from the city is something to be discussed and is outside the scope of the budget model at this point. Don Campbell, chair and president of the Kent Performing Arts Center Board, 27813 13`s South, commented that the Board is pleased that the projected deficit for operation of the facility is less than $200,000. He emphasized that this type of facility is rarely self-supporting and the deficit is anticipated but should eventually be offset with a growing endowment fund. Christine Weed said that none of the models were self-supporting and all rely on some kind of government support. Rico Yingling questioned what incentives would be built into the management team and the Board to ensure continued effort to try to make up the difference and not just rely on the City for support. Don Campbell said the search is on for an executive director and bringing that person on board right away would make a big difference in meeting the budget. That individual should bring with him or herself access to a competent staff that would be able to market the facility and fill it, and also to focus on the strong civic need in Kent and the Green River Valley to bring in rentals and use of the facility. Staff committed to meeting and going beyond goals is needed, and it's up to the board to make certain that it structures the administrative portion of the Business Plan with incentives and commitment from those that they hire. John Hodgson said that contractual language on dealing with Parks Committee, 8/17/99 5 management and the deficit could be built into the contract and an agreement built between the City and the Board on how they will work together. Mr. Yingling said he would be willing to support incentive language that said `anything made above a certain point would be shared' to encourage a more diligent or creative way to bring in support and funding. Councilmember Tom Brotherton asked if the addition of an eating or drinking establishment had been considered in terms of profitability. Chris Miller said that the potential for rental sublease income had been looked at but is not included in the model at this point. The facility assumes the basic concession operation with food and beverage available for the patrons. A restaurant operation analysis is an option that could be considered down the line. One recommendation to the board is increasing the "black box" space from 125 seats to 220-250 seats. Research shows those numbers to be of a more reasonable size in having a better ratio of earned income to expenses in a smaller space as there is a relatively high portion of expenses to revenue. One of the revenue opportunities for the facility is to serve as a gathering and celebration space for the community so that lobbies could be used for weddings and receptions, or the "black box" space used for public meetings or small convention or trade shows. Expanding the size of the "black box" space would create a larger flat floor space to rent for those purposes. To support that type of use efficiently, it would be necessary to provide some additional catering support space in the facility. Typically caterers do preparation at their own facility and bring the food in already prepared, but they do need space to stage the catering and to keep things warm and provide a beverage service. Another suggestion for the "black box" space was to have a cabaret style entertainment facility. International Agencv Committee Athletic Facilities Grant- Accent and Appropriate Lori Flemm, Parks Planning and Development Superintendent, said that the Interagency Committee for Outdoor Recreation awarded two grants to the City of Kent which are part of the Youth Athletics Facility Program. The money for that program came from Paul Allen who contributed several million dollars to youth athletic facilities across the state with the construction of the new stadium. One grant is for 523,319 for Kent Memorial Park Field Number 41 for automatic irrigation, drainage improvements, some new fence fabric, and a new backstop pad and a new scoreboard. The second grant is for 515,161. The City needs to match both of those grants from the CIP Grant Matching Funds. Connie Epperly moved to accept and appropriate two IAC Youth Athletic Facility Grants in the amount $23,319 for improvements to Kent Memorial Park and $15,161 for light pole removal at Russell Road Park. The motion was seconded by Rico Yingling and carried 3-0. Chair Judy Woods said it had been requested that the item be taken to that night's Council meeting as an added item. IAC Grant Applications Review Lori Flemm said three grant applications had been submitted into the local Parks category. These funds come from the Washington Wildlife and Recreation Program Funds and are appropriated by the state legislature. Twenty-six projects were submitted and Chestnut Ridge ranked number six. The state estimates that there will be between $1.4 million and$2.7 million dollars appropriated by the state legislature. At the $1.4 million dollar level Chestnut Ridge would receive fundin . Staff has requested $187,000. The Valley Floor Community Park Acquisition Project ranked 9 and at the $2.7 million funding level that project would also receive funding with $333,992 requested. The Parks Committee, 8/17/99 6 third project, Clark Lake Park Expansion, ranked#11 and would require a$3.7 million dollars funding level to be funded. King County Deed of Conveyance for Four Properties—A ccep Lori Flemm said that in 1996 when the Meridian area was annexed into the City of Kent, four open space properties were not conveyed to the City from King County. The Kentridge Estates Property, known as Green View Park, a 1.13 acre site in Kentridge Estates is an open space area which has a big detention pond in it located at approximately 145`h and Kent Kangley Road. The pond is still maintained by King County. Rainier View Estates has a 1 acre open space parcel on it, and Sun Meadows Division#2 has a well site, basketball court, and open space play area that already exists on a 1%z acre site. When it became evident that the deeds for the four properties were not conveyed to the City of Kent, the county was contacted and asked to convey the deeds to the City. Rico Yingling moved to enter into agreement with King County conveying the following properties to the City of Kent as part of the 1996 Meridian Annexation: Kentridge Estates Division No. 3, Tract A; Park Meridian, Tract B; Rainier View Estates, Tract A; Sun Meadows Division No 2. Sandy Amodt seconded the motion and it carried 3-0. Executive Session The Committee was recessed and the chambers cleared for an executive session to consider a land acquisition. Council members present were welcomed to stay. The meeting was reconvened and then adjourned at 5:27PM as there was no further business. Jackie Bicknell City Council Secretary PUBLIC SAFETY COMMITTEE MINUTES September 14, 1999 COMMITTEE MEMBERS PRESENT: Chair Connie Epperly, Sandy Amodt, Tom Brotherton STAFF PRESENT: Dave Everett, Ed Crawford, Tim Clark, Jackie Bicknell, Dena Laurent, The meeting was called to order at 5:05PM by Chair Connie Epperly. One item was added to the agenda: Safety Issues at Novak & Central Streets. Approval of Minutes of August 10, 1999 Committee Member Tom Brotherton moved to approve the minutes of August 10, 1999. The motion was seconded by Committee Member Sandy Amodt and carried 3-0. Year 2000 Criminal Justice Funding Application Captain Dave Everett of the Kent Police Department addressed the Committee on the funding application for the Year 2000 Criminal Justice Funding. The proposed funding list includes three areas: (1) Innovative Law Enforcement Programs: salaries and benefits for the Lighthouse, supplies and equipment for the Game of Life, equipment and training for CEU Personal Safety program. (2) _. At-Risk Children: Parks Mobile Computer Bus. (3) Domestic Violence Prevention: salaries, benefits, services, and equipment for Lighthouse. The total estimated allocation is $132,969. There would be no matching funds from the City. Sandy Amodt moved that the Public Safety Committee recommend to the Council to approve application for the Year 2000 Criminal Justice Funding and establish budget documents as required. The motion was seconded by Tom Brotherton and carried 3-0. Bureau of Justice Assistance Block Grant Application Captain Dave Everett said the Bureau of Justice Assistance Block Grant assists in the funding of the Domestic Violence Prosecutor and the purchase of equipment to investigate computer-related crimes. It also funds presentation equipment for training. The grant total is $81,910 and the City is required to match 10% of that. Tom Brotherton moved that the Public Safety Committee recommend to the Council approval for application for grant funding and to establish budget documents as required. The motion was seconded by Sandy Amodt and carried 3-0. Safetv Issues at Novak & Central Sandy Amodt brought up the safety issue at Novak and Central Streets where new apartments with 300 residents have presented a concern for adults and children safely crossing Central Street. It is difficult for car drivers to see pedestrians while turning left from Novak onto Central. Ms. Amodt suggested the need for some kind of temporary safety idea until a street light can be put up at the crossing. Tom Brotherton suggested taking the issue to the Public Works Committee. Some ideas discussed were installing `blinking yellow lights', "Pedestrians Ahead" signs, and trying to get the street light manufactured more quickly. l Public Safety Committee,9/14/99 2 Police Chief Ed Crawford said that a Crosswalk or Pedestrian Island is a possibility, but crosswalks on four lane highways are unsafe. One lane of traffic might stop causing the pedestrian to think it safe to cross, but the second lane of traffic doesn't see the pedestrian. He said there are no easy suggestions for people crossing without a traffic signal. Chair Connie Epperly said the issue would be moved on to the Public Works Committee. The meeting was adjourned at 5:20PM. Jackie Bicknell City Council Secretary PUBLIC WORKS/PLANNING COMMITTEE MINUTES August 16, 1999 COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Tom Brotherton, Rico Yingling STAFF PRESENT: Kevin O'Neill, Don Wickstrom, Tom Brubaker, Cyndi Wilbur, Dena Laurent, Katherin Johnson, Carolyn Sundvall, Roger Lubovich, Jackie Bicknell PUBLIC PRESENT: Fred High, Chris Ripley, Jo Clark, Pamela Dunn, Pam Carter The meeting was called to order by Chair Tim Clark at 4:02PM. There were two added items: BNSF Train Speeds and Billboards. Because the City of Tukwila representative was not present at the beginning of the meeting, the order of discussion was changed as follows: 1. CPA-99-2 School District Capital Facilities Plan Amendment 2. BNSF Train Speeds 3. 2000 Proposed Community Development Block Grant Program 4. Billboards 5. City of Tukwila- Resolution Approval of Minutes of the August 2, 1999 Meeting Committee Member Tom Brotherton moved to approve the minutes of August 2, 1999. The motion was seconded by Committee Member Rico Yingling and carried 3-0. CPA-99-2 School District Capital Facilities Plan Amendment Kevin O'Neill, Planning Department Senior Planner said that in 1995 the Council adopted school impact fees authorized by the Growth Management Act. The fees are collected at the time building permits are issued for both the Kent School District and the Federal Way School District. Under the provisions of the Growth Management Act, in order to collect school impact fees, the facilities plans of the respective school districts must be adopted by reference in the City's Comprehensive Plan as part of the capital facilities element of the plan. School districts update their capital facilities plans on an annual basis and the impact fee is amended based on new information and anticipated need over the six year planning horizon. Staff is asking the Committee to recommend to the Council that, based on the updated plans for both the Kent and Federal Way School Districts, authority be given to process a Comprehensive Plan amendment to incorporate those new plans into the City's Comprehensive Plan capital facilities element. The Comp Plan can only be amended once a year unless the Council declares an emergency and then it can be done outside the normal process. As a correction to the recommended motion, staff is asking the Council to vote that an emergency be declared to allow the comprehensive plan to be amended outside of the normal process so the issue can be taken to a public hearing in front of the Land Use and Planning Board as soon as possible. After the Land Use &Planning Board has had the public hearing, the issue would be brought back to the full Council. The regular Comp Plan amendment process is a fairly long process and the hearing would typically not be in front of the Land Use and Planning Board till November or December and then not in front of the fall Council until January or February. By doing an emergency track this specific Comp Plan amendment would come back to the full Council probably this fall. Public Works/Planning Committee,8/16/99 2 Fred High, Kent School District, gave an update on the major changes of the 1999-2000 school year. He said the new Kent Elementary School was opened and became operational on January l". Emerald Park Elementary School will open September 15`with a full compliment of kids, and another yet unnamed school is in the wings and due to open a year from this September. The board hasn't decided yet, but all the plans are in motion to go forward with another bond issue for a four to six year window that will probably include a package of additional elementary schools and an additional junior high school, as well as other capital improvements needed to keep up with the enrollment that continues in the Kent School District. There have been a number of changes in the fee calculation from last year and some folks in the community and county government feel the fee is not high enough. The district committed a long time ago to keep the fee relatively moderate and to avoid substantial increases in a given year. This year the District was faced with the possibility of having a fee that was substantially higher and chose deliberately not to. The District has bought all the sites it plans to buy for the next several years, so the site cost for new schools part of the calculation was left out entirely. There was also a choice of whether to include the construction cost of a senior high school into the plan. Since a new high school opened two years ago and has not become completely occupied, and there are no additional high schools in the six year window, the construction costs of a new high school were left off of the plan. A third major factor beyond the school district's control is that the state provides for a reduction of the total fee amount per student to build new facilities. At this point, the Kent School District is ineligible for state matched fees because of the way the legislature set up that particular process and that deduction came off entirely.The bottom line is a single family fee of about$3,782 and a multi family fee of$2,329.49 which are slight increases from last year. As far as demographics go, the student yield from single family residences and also from multi family residences continue to grow. The District is seeing more kids from both single and multi family housing in Kent. There is a relationship between the number of kids and the cost of the housing and it's been shown that very expensive housing will have fewer students. There have been a number of changes in multi family where it is becoming more child intensive in some cases with more than one family living in a unit or an extended family situation where perhaps a grandparent will have a couple of kids that they're sending to school. There are about 10,000 housing units now in the school district in some form of planning or construction that will yield children. Forecasting the impact fees is directly proportionate to the number of people who apply for building permits in a given year and fees provide between 20 and 25% of the entire cost of anew facility. An elementary school costs about $10 to $12 million. Tom Brotherton moved that the Public Works Planning Committee recommend that the City Council declare an emergency pursuant to Chapter 12.02.035 of the Kent City Code to amend the Kent Comprehensive Plan in order to incorporate the updated Capital Facilities Plan for the Kent and Federal Way School Districts into the capital facilities element of the Plan and direct staff to prepare a resolution for the full council's consideration. Rico Yingling seconded the motion and it carried 3-0. Public Works/Planning Committee, 8/16/99 3 BNSF Train Speeds Public Works Director Don Wickstrom said that WTC who has total authority and final say in both issues of train speeds and street closures are proposing to hold a hearing in Auburn on the 31'` of August. They want to raise the train speeds on the Burlington Northern railway up to 79 miles per hour and make safety improvements on just about every grade crossing through Kent. The City's only means of giving input is through the hearing process. WTC could ignore what the City says and make its own decision, but staff would like to offer some formal input from Council. The resolution supports train speed increases on the Burlington Northern/Sante Fe mainline provided acceptable safety devices are made. The state and the railroad are proposing to close Titus Street. It would not be to the city's interest to close Titus because of the impact in the downtown area in terms of adding traffic congestion. There was a safety analysis done on all the crossings and it was figured there would be an accident once every twenty years. There has only been a derail in the last 30 years that didn't involve any cars. Mr. Wickstrom said there would be more accidents on City streets attributed to the additional congestion than there would be at the crossing. It's important that WTC receive a firm message that Kent doesn't support closing of the crossing. The resolution addresses only the Burlington Northern railway. Current speeds are around 40 mph and the new speed limits are slated to be 79 mph for passenger trains and 60 mph for freight trains. That wouldn't double freight speed limits but would nearly double speed for passenger trains. The increase in train speeds is primarily for the commuter rail so it can run at the higher speeds. Long- range projections are that there will be 60 trains per day running on the Burlington Northern tracks. There should be 32 trains on the Union Pacific tracks but nothing at this point is addressing the UP tracks. The reasoning for closing Titus Street was that it's a low volume street. The railroad did a traffic study and said the implication is that the closing wouldn't have any significant impact. Mr. Wickstrom surmised that it doesn't take much of an impact in the downtown area with the limited crossings to cause problems. The resolution authorizes the Mayor to sign any and all documents regarding train speed limits and the closure of Titus Street crossing that are necessary to carry out the intent and purpose of the resolution. The Mayor has stated forcefully that what the City wants is a better safety guard in place at the crossing. Tom Brotherton moved to adopt the proposed resolution regarding the Burlington Northern Santa Fe mainline which opposes the Titus Street closing but would concur with the increase of the railroad traffic speed if more appropriate crossing safe guards were put in place. The motion was seconded by Rico Yingling. Deputy City Attorney Tom Brubaker asked the Committee to add an additional finding that says any accident that occurs in the valley tends to block some or all intersections depending upon the length of the train and the accident location, thereby gridlocking all of Kent's portion of the cross valley traffic since there are no grade separated crossings in the valley. Tim Clark asked for and was given concurrence from the Committee Members to add the finding as a friendly amendment to the motion. The motion was voted on and passed 3-0. Don Wickstrom requested that the item be brought to the next night's Council meeting on August 17`"because the hearing was to be held on August 31". Public Works/Planning Committee, 8/16/99 4 2000 Proposed Community Development Block Grant Program. Housing and Human Services Planner Carolyn Sundvall presented the proposed Community Development Block Grant Program for the year 2000. Community Development Block Grants are HUD dollars that are available to cities to be used to benefit low and moderate income people. Kent's share for the year 2000 is tentatively proposed at$550,416. The Human Service Commission looked at the applications and proposed funding in the public service arena and a subcommittee reviewed the capital applications and made recommendations. It was proposed that the City of Kent Home Repair Program be funded at $253,916; Kent Parks and Recreation Kiwanis Tot Lot ADA improvements at $67,946; the Catholic Community Services Housing for Homeless Women at $35,000; and the King County Housing Authority Nike Manor Improvements at $10,000. The Community Psychiatric Center did not receive funding at this time, and the Kent Youth and Family Services Facility Rehab, Habitat for Humanity and Transitional Resources were not recommended for funding. The proposed capital for 2000 is $366,862. A contingency plan for capital was proposed that if there is an increase in the capital estimate, the increase will be split between Catholic Community Services Transitional Housing and the Nike Manor housing rehab. If there is a decrease in the capital funding the decrease would be as follows: the Home Repair Program would be the first one to be reduced and that would be in the amount of the potential carryover from this year's program. If it is decreased further than that the remaining funds will go to the Parks Department Kiwanis Tot Lot. Public Service funding went to Kent Community Health and Natural Medicine Services at $38,520; the Kent Emergency Feeding Program at $18,324; the YWCA which is Domestic Violence Housing at$38,723 for a total of$95,567. Federal Way Family Center, the ANEW Program and Elderhealth Northwest were not recommended for funding at this time. The contingency plan for fluctuation in dollars for Public Services is that if there is an increase, it would be divided equally among all of the funded agencies. If there is a decrease, then the decrease would be proportionately split between the funded agencies. In addition to that there is the Planning and Administration part of the program that's proposed at $87,987. Katherin Johnson, Human Services Manager, said there are several changes in funding received before it's actually finalized by the United States Congress and the first change received was a decrease in the capital. That is not the norm. Normally there would be either an increase across the board or a decrease across the board. Tom Brotherton questioned why if there is a decrease in funding would the Home Repair Program be the first to be reduced as it seems more appropriate to reduce those programs that were given more than they had originally requested. Ms. Johnson said the Home Repair Program traditionally has carried over$30,000 a year from one year to another which to that subcommittee said that there was $30,000 sitting that had not been utilized within that program year. The base of that program can be decreased and all the services requested by citizens of Kent still provided without harming the program. It is the easiest program to be able to continue to deliver at or above the current level of service with a decrease in funding. Rico Yingling asked how it was determined which citizen would actually get work completed and if information is tracked on single mothers, the disabled, and minority citizens in the Home Repair — program. Ms. Johnson replied that seniors, ethnicity, age, and income are tracked. The Home Repair program is for very low to moderate income people. The number one priority in the program is a single, disabled senior. Approximately 80% of the clients are very low income and a huge percentage are seniors. A large number of clients are in mobile homes because that's where the most affordable housing is right now for seniors. Public Works/Planning Committee, 8/16/99 5 Rico Yingling moved that the Public Works/Planning Committee recommend to the Council approval of the proposed year 2000 Community Development Block Grant Program, including the contingency plan and to forward this recommendation to the September 7, 1999 full City Council meeting to consider adoption of the proposed year 2000 CDBG Program. Tom Brotherton seconded the motion and it carried 3-0. Billboards—Guests with Concerns. Citizen Chris Ripley, 26804 102"d Ave SE, asked for the Council's support on removal of billboards within the City because of their unsightlyness and also because a lot of the neighboring communities are doing the same thing. Auburn, Federal Way, and Covington have all decided to get rid of billboards. One concern is that there are billboards in areas without permits and also tri-vision billboards that have been changed from flat billboards without permits. Ms. Ripley said that in talking to people she had not found any that are in favor of billboards. She asked what the process is for addressing the problem and when the next meeting or Committee would be that would deal with the issue. Diana Nelson, Planning Department, said that the billboard sign amendment went back in front of the Land Use and Planning Board on request of City Council President Leona Orr on August 9`s. The Land Use and Planning Board passed their original amendment with a motion that asked the City Council to review the issue of tri-vision and derelict signs. The Board did not actually make any changes to their official recommendation because that would have required reopening the public hearing, and they had already deliberated the issue. No specifics were given of what should be reviewed because that would have meant going through the public hearing process again. A general motion was sent to Council recommending the Council look at the two issues of tri-vision and derelict signs. Rico Yingling recollected that at the last Public Works and Planning meeting the Committee gave instructions for creating a task force to sit down and create "win win" scenarios with the industry and other people concerned about billboards. He questioned what happened to that action. Tim Clark responded that the Council President had approached him with a request to send the issue to the Land Use and Planning Board and a similar request was received from the Mayor. Diana Nelson said it was a new process to send an amendment to the Planning and Public Works Committee from the Land Use and Planning Board rather than going directly to the full Council. There were no policies, bylaws, or processes established and when it happened that the original motion wasn't acted on, either with a recommendation of denial or approval, there was no process by which to send it back to the Planning Board or to have a task force committee established. The direction given to the Planning Department from the Mayor and the Council was that there was no authority to set up the task force and staff was directed to send the issue back to the Planning Board after a period of several weeks. Mr. Yingling reminded Ms. Nelson that at the last meeting there was no action item to approve or disapprove. The purpose of that meeting was to get information on amortization of billboards and the Committee was basically setting a process for more deliberation. Ms. Nelson clarified that there were no policies or bylaws that enabled the Committee to proceed with that action. W. Yingling stated that he was uncomfortable with the fact that the Committee made a vote and gave direction and then without notification that was changed. He said he wanted to go on record that he was uncomfortable and thought that was the wrong way for Committee action to be remanded. Public Works/Planning Committee, 8/16/99 6 Deputy City Attorney Tom Brubaker said this was the first time there was a shift in the way Council handled recommendations from the Land Use and Planning Board. In the past, recommendations went from the Planning Board straight to the full Council. The change was made to take the recommendations to the Committee, and then from the Committee they would go to the full Council. Mr. Brubaker said that in his opinion, that has apparently frustrated a number of the members on the Land Use and Planning Board because they felt they were conducting hearings and acting responsibly and didn't understand why an additional filter had to be added. When the issue came to the Public Works/Planning Committee, there was a lot of disagreement in the Committee about what to do and confusion about where to go from there. The issue ended up coming back to Council President Orr's hands and she sent it back to the Land Use and Planning Board. Mr. Brubaker said he was at that meeting and the Board was displeased to have the same item back on the table again and so they forwarded it back to the full Council with no action except for the additional recommendation to look into tri-vision and derelict and abandoned signs. Citizen Pamela Dunn, 712 N 2"d Avenue, North Park area, said it was her understanding that there are 20 billboards not permitted by zoning. Diana Nelson said she had done an inventory of billboards and there are approximately 20 that are non-conforming. They are in zones that don't currently allow billboards, but that doesn't mean they don't have permits because the zones could have changed. When the inventory was done, every billboard was not checked against a permit to make sure that all of them were permitted in the condition or size in which they currently exist. That check would be done after the amendment was passed because it specifies legally existing billboards. If the billboards don't have permits they will not be allowed to remain. Non-conforming billboards are those that were put up prior to having a sign code amendment and when they were put in they would have been legal. Either the zonings have changed since then or the sign code requires a certain size and they are over the size that would be allowed today. Those billboards are nonconforming because they don't meet the current regulations. That does not make them illegal, however some of them may be. Ms. Dunn said her concern is seeing her neighborhood overtaken with signs. She was shocked one day to walk into her kitchen, look out her kitchen window and discover a billboard where once she used to look up James Street at the East Hill. She has found out that the area is not zoned for billboards. Ms. Dunn said she went to her neighbors and in half an hour got 18 signatures on a petition to have the signs removed. She requested that at least the billboards that aren't zoned to be there be removed, and she would really like to see all of them removed. She surmised that people are taking more of an interest in what they have to look at when they drive down the street and billboards are not attractive; people do not like billboards. Ms. Ripley said that other kinds of advertising can be turned off if a person doesn't want to see or hear about it, but billboards can't be turned off. People don't have a choice. Tom Brotherton said the problem is trying to balance the visual impact of billboards versus paying more money for products if businesses have to advertise in more expensive media. Billboards are one of the most inexpensive media to advertise in. He said there is a long list of local businesses that have used billboards and it's often local chain franchisees that benefit. Tim Clark stated that one of the goals of the City has been to reduce signage, particularly along Central Avenue, and the Downtown Strategic Action Plan talks about what the City wants to do to become a more livable city. He said he was frustrated on this issue because he didn't think the public hearing process had worked this time. Pamela Dunn agreed and said she had been unaware of several of the public hearings. She said if there could be an additional public hearing she would make sure Public Works/Planning Committee, 8/16/99 7 everyone would get notified. Tim Clark asked if Ms. Dunn would prefer a single subject public hearing before the Public Works/Planning Committee as opposed to the full Council. She responded that the single subject was a great idea because then people could come, say what they needed to say and leave. Tim Clark served notice to Planner Diana Nelson that he would like this item to be on the agenda for the first meeting in September to set a public hearing date of the Public Works/Planning Committee specifically on the proposed billboard ordinance. Mr. Clark said his preference for the hearing would be mid-late October. Ms. Nelson reminded Mr. Clark that the billboard moratorium runs out on October 17`h. Tom Brubaker said the option is there to extend the moratorium. Mr. Clark asked the Law Department to make sure that would be worked into the Council agenda. Mr. Clark said that the next Public Works/Planning Committee meeting would be on Wednesday, September 81h at 3:30PM since Monday, September 61h is the Labor Day holiday. He requested that Ms. Nelson have information at the September meeting on what specific signs are permitted, what signs are not permitted, and what signs are in the right zoning. Tom Brubaker reminded the Committee that the last direction of the Council President was that the recommendation of the Land Use and Planning Board go directly to the Council. He recommended the Committee chair work with the Council President to determine whether the item needs to go to the full Council as it may take either the Council President's decision or the full Council's decision to approve it coming back to Committee. Mr. Clark said that if Council President Orr objects, it would be up to the full vote of the Council and would be addressed at the regular Council meeting Tuesday, September 7 h at 7:OOPM in Council chambers. Otherwise the Committee would set a public hearing day on Wednesday, September 81h at 3:30PM in the afternoon. Mr. Clark said this has been an unsettling issue for the Land Use and Planning Board and they have not been treated fairly in the process. He apologized to his fellow Councilmembers about the way the issue was handled the last time. Citv of Tukwila- Resolution. Councilmember Pam Carter, City of Tukwila, said that the resolution is for an alignment to the light rail system that would serve the Southcenter area. Serving that Tukwila urban center is consistent with state and regional growth management policies and is consistent with Tukwila's comp plan. The City of Tukwila is looking for support from other cities all over the county, and feel it is in Kent's best interest because its citizens will have access to the commuter rail that runs through the city and access to light rail directly as opposed to transferring from commuter rail to light rail. If the alignment is at the head of the valley where Tukwila sits, it will be accessible to Kent's citizens whether they drive or take busses that feed into that station. If the line goes down Highway 99 it won't be very accessible to Kent. Sound Transit says there is a cost differential and Tukwila has been looking for federal dollars to help pay that differential. The Longacres site area is very close for Kent citizens. A lot of people from Kent and Renton use the Park and Ride on Interurban off of I-5 in order to take the bus into downtown or carpool downtown. So people could easily drive into the light rail station by Longacres and take the light rail into downtown and possibly further north depending on what Sound Transit decides to do for their routing. Renton has already passed their version of the resolution. It's to their advantage if light rail serves the Southcenter area because it then makes it easier for a second phase to go to Renton to serve the Renton area. The intersection of 405 and I-5 is the most heavily traveled transit corridor in the Public Works/Planning Committee, 8/16/99 8 entire state and it is a logical point to make a connection in terms of subsequent relief during rush hour for people that work in the community. And it would be a much easier connection for people on the commuter rail. Tim Clark said that what Ms. Carter is doing is a critical factor in sending a united message from not one community but a variety of communities that are convinced that a major error has been made. Ms. Carter said the preference is to have something good that meets the goals and that the goals not be just on time and on budget. It really should do what people expected when they voted for it and provide a viable transportation option for people in the Puget Sound Area, Tom Brotherton moved that the Public Works/Planning Committee recommend to the Council adoption of the Resolution supporting the alignment of light rail consistent with state and regional growth management policies. Rico Yingling seconded the motion and it carried 3-0. The meeting was adjourned at 5:47PM. Jackie Bicknell City Council Secretary REPORTS FROM SPECIAL COMMITTEES CONTINUED COMMUNICATIONS A. r-- EXECUTIVE SESSION A. Property Acquisition